Appeal type: Appeal against domestic violence order.
Facts: A domestic violence order was made naming the respondent (WKT) as the aggrieved and the appellant (MKA) as the respondent (). MKA appealed against the decision to grant the protection order (). WKT applied to change the venue of the appeal from Cairns to Southport.
Issues: Whether the application for change of venue should be granted.
Decision and Reasoning: The application was granted.
WKT applied to transfer the proceedings on the grounds that:
MKA opposed the transfer on the basis that:
Morzone DCJ emphasised that the exercise of discretion to grant the transfer is governed by the objectives of the Domestic and Family Violence Act 2012 (Qld), one of which is to ‘…maximise the … wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives’. His Honour placed emphasis on WKT’s mental health condition, which is likely to be aggravated by the appeal proceedings (-).