Lavinia represented the Respondent, the Applicant’s brother. The Applicant was seeking a non-molestation order. The case was complicated by the fact that both parties lived at their parent’s house. Therefore it was manifestly unfair to exclude the Respondent from entering the property where the Applicant resides, as this was also the Respondent’s home address. Lavinia was able to negotiate a compromise whereby the case was settled by way of undertakings- without excluding the Respondent from his home.
The Respondent gave undertakings in the terms outlined by the Applicant. The Respondent did not agree not to go within 100 metres of the property. The Applicant conceded this point but instead requested the Respondent would not enter his bedroom.
