In BE v PR [2024] QDC 70, the District Court of Queensland dealt with an appeal originating from the Brisbane Magistrates Court. The appellant, BE, challenged a decision prohibiting him from approaching or entering his residence or business for five years. The order was granted under the Domestic and Family Violence Protection Act 2012 (Qld) to the respondent, PR, alleging ongoing domestic violence and the need to reclaim retained personal property.
Upon reviewing fresh evidence, the District Court identified potential miscarriages of justice due to procedural errors and insufficient consideration of relevant family court orders. The court allowed the appeal, revising the ouster clause to remain in effect only until a retrial or further directive, and remitted the matter to the Magistrates Court for a new hearing before a different Magistrate. The court also set out directions for filing submissions on costs, highlighting the need for an urgent retrial.