NBE v PRT & Anor

DISTRICT COURT OF QUEENSLAND CITATION: NBE v PRT & Anor [2018] QDC 29 PARTIES: NBE (applicant) v PRT (first respondent) and THE COMMISSIONER OF POLICE (second respondent) FILE NO/S: D6 of 2016 DIVISION: Criminal PROCEEDING: Appeal under the Domestic and Family Violence Protection Act 2012 ORIGINATING COURT: Magistrates Court at Hervey Bay DELIVERED ON: 13 March 2018 DELIVERED AT: Maroochydore (with audio-visual link to Hervey Bay) HEARING DATE: 6 February 2017 & 10 February 2017 JUDGE: Long SC DCJ ORDER: 1. The time for the filing of the Notice of Appeal is extended to 10 May 2016. 2. The appeal is allowed and it is ordered that the decision of the Magistrates Court at Hervey Bay on 5 April 2016, is varied so as to delete the order that the applicant pay the respondent’s costs of defending the application. CATCHWORDS: APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL - Where the appellant’s notice of appeal was filed one week after the allowed timeframe – where the appellant was a self-represented litigant – whether the time period for filing the notice of appeal should be extended FAMILY LAW – DOMESTIC VIOLENCE – APPLICATION FOR PROTECTION ORDER UNDER THE DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT – Where there was a hearing for a protection order under the Domestic and Family Violence Protection Act 2012 – where the applicant failed to appear in person at the hearing–...