20 Apr 2021
J v FAMILY COURT AT AUCKLAND [2021] NZHC 831
- Citation
- [2021] NZFLR 270
- Court
- High Court
The Court rejected the legal error challenges (including that s57A is inapplicable where protection proceedings exist and that s85 FVA automatically precluded mutual orders under s57A), holding the statute imports ss76–79 FVA but not s85; however the Court found a breach of natural justice because the applicant was not given a reasonable opportunity to present countervailing evidence after the Judge raised the possibility of making a TPO against her on the day of hearing; remedy granted by quashing the TPO retrospectively and directing the Family Court to consider whether to give notice to as…