In the case of HIK v HCA [2024] QDC 155, the District Court of Queensland reviewed an appeal concerning a protection order initially granted by the Magistrates Court at Maroochydore under the Domestic and Family Violence Protection Act 2012. The appellant, HIK, contested the issuance of the protection order, arguing several grounds for appeal, including errors in the Magistrate's findings and interpretation of evidence. The central issues revolved around allegations of domestic violence purportedly committed by HIK against HCA, which involved demands for drug testing and restricted access to shared children. The appellate court found that the lower court had not adequately addressed significant evidence and misapplied certain legal principles, leading to conclusions that were untenable based on the evidence provided. Consequently, the District Court allowed the appeal, set aside the protection order, and dismissed HCA’s application for the order, noting that the material evidence did not substantiate the alleged domestic violence. The issue of costs was reserved for further submissions and determination.
Full text: https://www.sclqld.org.au/caselaw/148934