Feed Item

Magistrate exceeds his jurisdiction in extending Family Violence Intervention Order
The case involves a dispute over the extension of a Family Violence Intervention Order (FVIO) by a Magistrate's Court. The issue is whether the court had the jurisdiction to extend the FVIO without an application or order for extension before the expiry date. The law provides that an FVIO expires 12 months after it is made unless extended by the court, and an application for extension must be made before the expiry date. In this case, the court extended the FVIO for two years after the expiry date, despite no application or order for extension before the expiry date. The court found that the magistrate's final orders were made without jurisdiction, and granted an extension of time to commence proceedings and quashed the magistrate's final orders. Costs were ordered in favour of the applicant and against the respondent, with no costs awarded for or against the Magistrates' Court or contradictor.

IMREAL.LIFE

Close