In the case of Lisa v Commissioner of Police & Richard [2024] QDC 184, the District Court of Queensland heard an appeal by Lisa (a pseudonym) against a protection order that had been made by a Magistrate on November 9, 2023. This order was in favor of Richard (a pseudonym) following an incident of domestic violence. The appeal centered on two main issues: whether the Magistrate's refusal to allow the cross-examination of a police officer during the original hearing caused a miscarriage of justice, and whether it was necessary or desirable to make the protection order. Lisa's appeal was successful on both grounds. The Court found that the refusal to allow cross-examination denied procedural fairness and that the protection order was not necessary based on the evidence presented. Consequently, the appeal was allowed, the original order was set aside, and the case was remitted to the Magistrates Court at Cairns for a rehearing by a different Magistrate. No costs were awarded.
Full text: https://www.sclqld.org.au/caselaw/149952