ADVO Application made against client; matter dismissed, professional costs paid by Police

LA had an Apprehended Domestic Violence Order put against him in circumstances where it was not warranted. Chris Cole acted for LA in this matter.

At the Hearing, there was no attendance by the officer in charge or the other relevant party. The Prosecution sought to adjourn the proceedings, which Chris opposed. Her Honour agreed with Chris and did not allow the adjournment, and the Police had to withdraw the Application.

Chris then submitted that the Police pay LA’s professional costs due to the poor case management on the Police’s behalf. Her Honour agreed with Chris and determined that the Police had deviated from the reasonable case management of the proceedings so significantly as to be inexcusable.

The Police paid LA’s professional costs and the matter was thrown out.