In the case EW v RW [2024] QDC 151, the District Court of Queensland reviewed an appeal under the Domestic and Family Violence Protection Act 2012 (Qld). The appellant, EW, sought to challenge a final protection order made in favour of the respondent, RW, by the Magistrates Court at Caboolture, as EW had been unaware of the directions hearing due to a change of address without notification. EW argued that the initial ruling was a miscarriage of justice since he had not been notified of the revised hearing date, leading to a decision in his absence. The appeal was considered under circumstances where the process failed to ensure EW's informed participation, impacting his legal rights. The court found that the Magistrate erred by not confirming the appellant's awareness of the new date and offered no explanation for their final decision. As a result, the appeal was allowed, the Magistrate's decision was set aside, and the matter was referred back for rehearing before a different Magistrate. No order for costs was made.
Full text: https://www.sclqld.org.au/caselaw/148967