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Magistrate Elizabeth Hamilton of the Albany Magistrates Court, Western Australia

Good Result in the WA Magistrate's Court! AVO cancelled after lengthy deliberations - 2 Years in fact!

Hi Everyone,

I have just had my AVO cancelled by the magistrate on the 23rd of November. She dismissed all the allegations of abuse made against me and also upheld or accepted most of my allegations against the ex.

The magistrate was Magistrate Elizabeth Hamilton of the Albany Magistrates Court, Western Australia.

She heard for the very first time in almost 2 years,  my side of the story and found that there was no reason or evidence to support the continuation of the AVO that ran it's course on the 27th of February 2007.  She stated, as she read through the case, that the allegations made by the ex were not true and that the allegations that I made against my ex in court, she accepted as true.

If this had been in a jurisdiction where false reports would be punished by the court, I would think that the ex would quite possibly have been taken and charged by the court for perjury.

I have applied for the transcript of the decision hearing, so if anyone is interested in some of the facts or the language used by Magistrate Hamilton, please let me know and I will post what I can without identifying the names of witnesses or my ex.
 

It riles them to believe that you perceive the web they weave!

Magistrate Elizabeth Hamilton of the Albany Magistrates Court, Western Australia.

MeToo57 said
… She heard for the very first time in almost 2 years,  my side of the story and found that there was no reason or evidence to support the continuation of the AVO that ran it's course on the 27th of February 2007.  She stated, as she read through the case, that the allegations made by the ex were not true and that the allegations that I made against my ex in court, she accepted as true.

If this had been in a jurisdiction where false reports would be punished by the court, I would think that the ex would quite possibly have been taken and charged by the court for perjury.
What an indictment on the system especially a local court taking 2 years to hear an AVO matter or am I missing something here. The Director of the Shared Parenting Council is located in WA and he would be very pleased to hear details. We are currently preparing a paper on the painfully slow system in WA. You can contact him directly at director@spca.org.au.

It would have been interesting to see these proved false allegations being made now in the Family Court as under the new Act there are specific and enforcable provisions. It will be interesting to see how long we can hold these in the Act before they come under pressure from the other side to have them watered down…



Executive Secretary - Shared Parenting Council of Australia
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