In CNE v VYN & Anor [2024] QDC 90, the appellant, CNE, appealed against a decision from the Wynnum Magistrates Court, where the first respondent, VYN, and the second respondent, the Commissioner of Police, were involved. The appeal arose after a Police Protection Notice (PPN) was issued in favour of CNE against VYN under the Domestic and Family Violence Protection Act 2012. The Magistrate had dismissed the entire application for a Protection Order at the first mention, based on a belief that it was not necessary. The appeal was heard in the District Court of Queensland.
Justice Byrne KC DCJ found that the Magistrate had erred in dismissing the application, particularly noting that the Magistrate had failed to alert the parties that a dismissal was being considered, thus denying them natural justice. Additionally, the procedural fairness was questioned as CNE, who was not legally represented, was directly questioned by the Magistrate.
The District Court allowed the appeal, remitted the matter back to the Magistrates Court in Brisbane to be heard by a different Magistrate, and made no order as to costs.