RIS v DOL & Anor

DISTRICT COURT OF QUEENSLAND CITATION: RIS v DOL & Anor [2021] QDC 154 PARTIES: RIS (appellant) v DOL (first respondent) and Commissioner of Police (second respondent) FILE NO/S: 2557 of 20 DIVISION: Appellate jurisdiction PROCEEDING: Appeal ORIGINATING COURT: Holland Park Magistrates Court DELIVERED ON: 4 June 2021 (delivered ex tempore) DELIVERED AT: Brisbane HEARING DATE: 4 June 2021 JUDGE: Dearden DCJ ORDER: 1.   The first respondent’s application of 25 May 2021 seeking to strike out the appeal for failure to comply with time limits, is refused. 2.   The orders made at the Holland Park Magistrates Court on 12 August 2020, dismissing the appellant’s application and granting the respondent’s application, be set aside. 3.   The applications be remitted to the Brisbane Central Magistrates Court for rehearing, before a different magistrate. 4.   By consent of the parties, I make temporary protection orders in the standard conditions under s 56 of the DVFPA in favour of each of the appellant, RIS, and the first respondent, DOL, as follows:  1.   The respondent must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved. 2.   The respondent must be of good behaviour towards the children [names redacted]; and must not commit associated domestic violence against the children; and must not expose the children to domestic violence. CATCHWORDS: DOMESTIC AND FAMILY VIOLENCE LAW – APPEAL – PROTECTION ORDER – Where the parties made cross-applications for protection orders – Where the learned magistrate dismissed the appellant’s application – Where the learned magistrate...