Some of the provisions of the Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 we blogged about here came in today. These include the amendments that extend the scope of mandatory counselling orders, and increase the potential duration of an FVSN.The part of section 31 of the Family Violence Protection Act 2008 that …
Tag: family violence
The recent history of Browne v Dunn
Edit: For a recent example of an appellate court taking a grim view of a practitioner's failure to uphold their obligations, see the civil case of Baulch v Lyndoch Warnambool [2010] VSCA 30.AJA Byrne didn't mince words [at 23]:The conduct of defence counsel in this instance is to be condemned. It was not an inadvertent …
DPP v Johnson [2011] VSCA 288: 14,000 intervention orders a year, one quarter breached
In DPP v Johnson [2011] VSCA 288 the Director appealed a judge's sentence for offences of aggravated burglary, common law assault and contravention of an intervention order.Redlich JA [at 10]:The respondent, in breach of an Intervention Order, entered his former partner['s] house in the early hours of the morning of 14 November 2009 with two …
AB & Anor v Magistrates' Court at Heidelberg [2011] VSC 61: judicial review of an intervention order
A respondent in a family violence proceeding who is dissatisfied with having an order made against them has a statutory avenue of appeal to the County Court: Division 9 of Part 4 of the Family Violence Protection Act 2008.But that's not the only option. In AB v Magistrates' Court at Heidelberg [2011] VSC 61 the …
AB & Anor v Magistrates’ Court at Heidelberg [2011] VSC 61: judicial review of an intervention order
A respondent in a family violence proceeding who is dissatisfied with having an order made against them has a statutory avenue of appeal to the County Court: Division 9 of Part 4 of the Family Violence Protection Act 2008.But that's not the only option. In AB v Magistrates' Court at Heidelberg [2011] VSC 61 the …