AXG v Victims Compensation Fund Corporation [2014] NSWCATAD 42

AXG v Victims Compensation Fund Corporation [2014] NSWCATAD 42

The determination under appeal erred in treating the incident as not involving domestic violence given evidence that one offender, KL, was the applicant's ex-wife residing with him; this satisfied the definition of domestic violence under the Act. As the applicant was self-represented and delayed due to lack of awareness of the process and awaiting conclusion of the criminal case, and the delay after sentencing was not unreasonable, good reason existed for granting leave to lodge the application out of time.

Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Appeal / Decision on Papers
Outcome
Leave granted to lodge application for compensation out of time; no order as to costs.
Legal Topics
['application for Leave Out of Time' 'domestic Violence' 'fresh Evidence on Appeal' 'victims Support and Rehabilitation']
['administrative Law' 'victims Compensation'] ['application for Leave Out of Time' 'domestic Violence' 'fresh Evidence on Appeal' 'victims Support and Rehabilitation']

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Procedural Posture

Appeal / Decision on Papers

Legal Issues

  1. 1 ['Whether incident constituted domestic violence under the Act' 'Whether leave to lodge application for compensation out of time should be granted under s 26(2) of the old Act' 'Whether fresh evidence should be admitted on appeal under s 38(3) of the old Act']

Ratio Decidendi

The determination under appeal erred in treating the incident as not involving domestic violence given evidence that one offender, KL, was the applicant's ex-wife residing with him; this satisfied the definition of domestic violence under the Act. As the applicant was self-represented and delayed due to lack of awareness of the process and awaiting conclusion of the criminal case, and the delay after sentencing was not unreasonable, good reason existed for granting leave to lodge the application out of time.

Court Disposition

Leave granted to lodge application for compensation out of time; no order as to costs.

Orders

  • ['Pursuant to Section 26(2) of the old Act, leave is granted to the applicant to lodge the Application for Compensation out of time.' 'No order as to costs.']