28 Nov 2023
The applicant failed to provide a sufficient explanation for a significant delay in filing the appeal; timely appeals are required by the Act and rules, and because an alternative remedy in the Family Court under ss 109–110 remained available, special leave to extend time was refused.
29 Nov 2022
The Court has no jurisdiction to receive an appeal under s177 against a Family Court decision directing a without‑notice protection application to proceed on notice because that decision is procedural/interlocutory (not a final determination of a protection order) and the appropriate remedies are continuation on-notice in the Family Court or, in exceptional cases, judicial review; allowing High Court appeals in those circumstances would contradict the Act's scheme and purpose and the High Court Rules.
20 Apr 2021
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…
18 Dec 2020
The High Court granted an interim stay because J had a concrete position to preserve — avoidance of a potentially irreversible and possibly more burdensome final protection order — and there were serious questions to be tried about the statutory basis and validity of the temporary order under s57A CoCA and the interplay with provisions of the FVA (including s85); the stay would not prejudice child safety because the temporary order remains in force pending review and the delay to the judicial review hearing was limited.