In the appellate case of MI v SI [2024] QDC 492, the District Court of Queensland heard an appeal against a decision made by the Magistrates Court at Beenleigh regarding the refusal to issue subpoenas for three civilian witnesses under the Domestic Violence and Family Protection Act 2012. Judge Smith presided over the case, which involved an initial application filed in 2022, and reviewed the principles around the issuance of subpoenas as discussed in McEwan v Rains. The Court identified apparent relevance in the witnesses' testimonies, which ordinarily warranted the issuance of subpoenas. However, the appeal was ultimately dismissed due to lack of jurisdiction, as the order being appealed was an interim order, not subject to appeal under section 164 of the Act. The judgment emphasized the need for swift resolution and suggested the hearing be transferred to Brisbane for expedited processing. The appeal was dismissed.
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