Case Study: Successful Personal Safety Intervention Order Application

Background and Facts

The Applicant approached Aston Legal Group after experiencing repeated difficulties attempting to obtain a Personal Safety Intervention Order (PSIO) against her neighbour without legal representation.

The Applicant had made several attempts to file and refile her application at the Broadmeadows Registry of the Magistrates Court of Victoria. However, each attempt was unsuccessful due to perceived deficiencies in the application.

By the time our applicant sought our assistance, the matter had been listed for review before a Magistrate concerning the Registrar’s decision not to accept the application.

Our Approach

Upon being retained, Aston Legal Group reviewed the circumstances of the matter and assessed the difficulties encountered with the existing application.

Our review identified that the issue was not necessarily the Applicant’s circumstances, but rather the way those circumstances had been articulated and presented in the application. This distinction was important as an application must clearly communicate the relevant circumstances and grounds for the protection sought.

After considering the available options, we determined that the most appropriate course was to discontinue the existing application and prepare an entirely new, substantially redrafted application on the Applicant’s behalf.

The fresh application was prepared to present the relevant circumstances more clearly and address the applicable legal requirements. We subsequently filed the new application and represented the Applicant at the first Court hearing.

The Outcome

At the first Court hearing following our engagement, we participated in lengthy negotiations with the other side to resolve the matter. Those negotiations were successful, and we secured a Final Personal Safety Intervention Order protecting the Applicant from her neighbour for a period of 14 months.

This outcome represented a significant development for the Applicant. After repeatedly attempting to file an application without legal representation and encountering difficulties with the Registry, the Applicant obtained a Final Order following just one court appearance after engaging Aston Legal Group.

The Importance of Properly Preparing a PSIO Application

This matter demonstrates the importance of ensuring that a Personal Safety Intervention Order (PSIO) application clearly communicates the circumstances giving rise to the request for protection.

A properly prepared application should identify the relevant conduct, set out the material facts in a clear and structured manner, and address the applicable legal grounds for the order sought. Any relevant supporting material should also be carefully considered and presented appropriately.

Difficulties with an application do not necessarily mean that an individual’s circumstances cannot support a request for protection. However, an application that does not adequately explain the relevant circumstances may encounter procedural difficulties or fail to present the Applicant’s position effectively.

Obtaining legal advice can assist applicants in understanding the applicable requirements, preparing their material and determining the most appropriate course of action when difficulties arise.