CEE v CNH [2024] QDC 76 concerns an appeal filed by the appellant, CEE, against the respondent, CNH, in the matter of domestic violence under the Domestic and Family Violence Protection Act 2012. The case was initially heard in the Pine Rivers Magistrates Court, which dismissed both parties' applications for Protection Orders (PO) on 24 January 2024. CEE successfully appealed the dismissal, with the District Court of Queensland allowing the appeal on 7 June 2024.
The appellate court found that the original magistrate had erred in multiple factual findings and in dealing with the evidence provided by the appellant. The errors included misidentification of witnesses and inadequate consideration of critical pieces of evidence, such as text messages and testimonies, that supported CEE’s claims. The court also deemed that the reasons and findings provided by the magistrate were insufficient for a fair determination.
As a result, the District Court set aside the orders from the Pine Rivers Magistrates Court and remitted the case back to the lower court for further hearing. The intention is to reassess both CEE's and CNH's applications for Protection Orders, taking into account any updated evidence and the procedural errors acknowledged. Additionally, the respondent, CNH, was ordered to pay the appellant’s costs, fixed at $144.70, within one month of the decision.