Re JP [2024] VSC 691 (8 November 2024)

[3] The order was due to expire on 11 October 2024.

[4] In addition, by a letter dated 3 July 2024, it was stated that the Department had an "expectation" that JP and his former partner use the "my family wizard" application to communicate any changes to their child custody arrangements, and that all communications between JP and his former partner were to be made using that application. As neither party was able to indicate whether this expectation imposed any obligations upon JP, it has not been taken into account as a relevant matter on this application.

[6] At the hearing, the prosecution conceded that the sister of JP's former partner had declined to provide a statement to police. The prosecution also conceded that the recording of the telephone call did not capture anything allegedly said by JP.

[7] Bail Act, s 8(1)(aa).

[8] Compare ibid, s 8(1)(e); see also Re Tilley [2024] VSC 274, [59]-[64].

[9] Bail Act, Sch 2, items 7 and 19. It is noted that items 8(b) and 18(b) may also have application in respect to certain charges dated 30 August 2024, however, it is not necessary to make such a finding.

[11] Ibid, ss 4AA(2)(c)(i), 4A.

[12] Re Ceylan [2018] VSC 361, [31]-[32] (Beach JA).

[13] See, for example, Re Brown [2019] VSC 751, [65] (Lasry J), and the cases there cited.

[15] Bail Act, s 4D(a).

[16] Ibid, s 4E(3)(b). See also s 5AAA.

[17] Ibid, s 4E(1).

[18] Ibid, s 4E(2).

[19] Ibid, ss 4A(3), 4E(3)(a).

[20] As that term is defined in the Family Violence Protection Act.

[21] Family violence offence is defined in s 3 of the Bail Act as an offence against ss 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the Family Violence Protection Act or an offence where the conduct of the accused is family violence (as that term is defined in the Family Violence Protection Act).

[22] Bail Act, s 5AAAA(2).

[23] Ibid, s 5AAA(1).

[24] Ibid, s 5AAA(2)(a) and (b).

[25] Ibid, s 5AAA(2)(c) and (3).

[26] See par 22 above. Counsel for JP properly conceded that JP's former partner may well be able to provide an explanation as to why she did not disclose the incident to her treating doctor, but reiterated that no such explanation was before the court on this application.

[27] See par 49 above.

[28] [2019] VSC 11, [53], [57]-[59] (Lasry J).

[29] See par 48 above.

[30] See pars 69-75 above.

[31] See par 62 above.