Tactics Used in the Family Court:
Urgent Interim Restraint Orders
In Tasmania, during the 2023-24 reporting year, there were 1,166 restraint order applications, representing a 27.5% increase from the previous year. Of these, 1,576 were new applications, and 67 were requests to extend or vary existing restraint orders — a rise of 15.55%. Only 23 applications were made to revoke a restraint order (Magistrates Court of Tasmania Annual Report 2023-24).
The statistics are concerning, especially considering that the reasons for applying do not include ‘Urgent Interim Orders’ or the possibility that some applications aim to gain leverage in the Family Court.
Another factor is the cost to those involved, including any attempts to discredit the accused person who allegedly committed the offence, severe enough to warrant a hearing and initiate proceedings against another.
My concern is that when individuals use both jurisdictions, namely the Family Court and the Magistrates Court, without raising suspicion or warranting further investigation by their legal representatives, this warrants additional scrutiny.
In September 2024, an ‘Urgent application for a restraint order' was filed against me in the Magistrates Court, and without my knowledge, an application was also made in the Family Court, citing the Restraint order application against me; however, I was neither the applicant nor the respondent in the Family Court. The applicant in the Magistrates’ Court took ten months to apply for the orders to be revoked. Considering the trial in the Family Court had concluded three months prior, it still took considerable time for the other party to end their application. I believe the person had no evidence, whereas mine was compelling enough to suggest a different motivation for the person to have the orders revoked.
If you or anyone you know has been involved in both jurisdictions, please email me at mark@justex.com.au.
I hasten to add, in my case, when it was over, the solicitors told me to go away, enjoy myself, and get on with my life; it's over, and you came out on top. My view is that there are no winners, but the other parties need to be held accountable for their actions and how I believe the system was abused—especially by a person I will not name yet, who coercively controlled everything.
Unless I am mistaken, which I am researching, no application has been filed in the Magistrates Court (Tasmania) for amounts up to $50,000, and in the Supreme Court for amounts exceeding $50,000.