In Robertson v Robertson [2024] QCA 92, the Court of Appeal of Queensland addressed an application for leave to appeal orders made by the District Court. This case arose after a Magistrate dismissed charges against the first, second, and third respondents, who were alleged to have committed acts of violence against their father, the applicant. The Magistrate had issued certificates of dismissal under s 149 of the Justices Act 1886 (Qld) without a hearing on the merits, a power the Magistrate did not possess under those circumstances. The applicant, intending to initiate a private prosecution, sought to have these certificates invalidated as they barred any subsequent complaints. The District Court originally ruled that the applicant lacked standing to appeal, but the Court of Appeal found that the Magistrate had no jurisdiction to issue the s 149 certificates, deeming them invalid. The Court subsequently declared the invalidity of the certificates and made no order as to costs.
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