Date: 24 March 2022
Court/Tribunal: District Court of Queensland
Judicial Officer/Tribunal Member: Smith DCJA
Human Rights Act 2019 (Qld) Sections: s 31
Rights Considered: Right to a fair hearing
Other Legislation: Domestic and Family Violence Protection Act 2012 (Qld) ss 4, 37, 41D, 145, 151, 168, 169 
Keywords: Children and Families

The case concerned an appeal against the decision of the Noosa Magistrates Court to dismiss the appellant’s application for a protection order and to grant the respondent a protection order. In making findings that the Magistrate did not afford the appellant natural justice, gave inadequate reasons and failed to have regard to statutory principles for administering the Domestic and Family Violence Protection Act 2012 (Qld) at a hearing of the matter on 2 November 2020, the Court noted that section 31 of the Human Rights Act 2019 (Qld) provides that a party to a civil proceeding has the right to have the proceedings decided by a competent, independent and impartial court or tribunal after a fair and public hearing. The Court did not otherwise discuss this or other human rights in any detail. 

Visit the judegement:  LAF v AP [2022] QDC 66