In HER v DIS [2024] QMC 16, the Queensland Magistrates Court addressed a protection order application filed by the Aggrieved on 24 October 2023, amid allegations of domestic violence, including strangulation and assault. The Respondent filed a motion for summary dismissal, asserting inadequacies in the Aggrieved's evidentiary submissions. However, Magistrate Hughes dismissed the dismissal application, citing that such a motion undermined the fundamental right of the Aggrieved—a vulnerable individual—to present her case fully in court. The court emphasised that in domestic violence cases, summary dismissals should be approached with caution and only occur when there are clear grounds that warrant it. Ultimately, the court reaffirmed the necessity for a thorough hearing to assess the validity of the allegations and ensure the protection of those involved, highlighting the legislative commitment to addressing domestic violence effectively and fairly. No costs were awarded, as the court deemed the Respondent's application lacked merit.
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