Aligante and Waugh (No 2)

Case [2010] FamCA 554


FAMILY COURT OF AUSTRALIA

ALIGANTE & WAUGH (NO. 2) [2010] FamCA 554
FAMILY LAW – COURTS AND JUDGES – Disqualification – Application for disqualification of judge on the ground of apprehended bias arising from prejudgment – Where the proceedings were governed by the provisions of Division 12A Part VII Family Law Act – The work done by s 69ZR Family Law Act in circumstances where findings have been made; contested matters have been determined and interim orders have been made before final orders are made – The effect of the delay in bringing the application for disqualification - Application for disqualification dismissed

Family Law Act 1975 (Cth): ss 60CA; 69ZM(3); 69ZN(3), (4) and (7); 69ZQ(b) and (g); 69ZR(1), (2) and (3); 69ZX(3)

Family LawRules - 16.04; 16.08; 16.09; 16.10

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Australian National Industries Ltd v Spedley Securities Ltd (in liq) & Ors Maher v Spedley Securities Ltd (in liq) & Ors (1992) 26 NSWLR 411
Briginshaw v Briginshaw (1938) 60 CLR 336
Coleman and Hindle and Ors (Disqualification) (2010) FamCAFC 29
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Hartnett & Sampson [2009] 40 Fam LR 632
Hartnett & Sampson [2008] FamCA 75
J & B [2005] FamCA 1154
Johnson v Johnson (1997) FLC 92-764
Johnson & Johnson (2000) 201 CLR 488
Ketteman v Hansel Properties Ltd [1987] AC 189 at 220
Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70
Minister for Immigration & Multicultural Affairs v Jia (2001) 205 CLR 507
Re JRL; Ex parte CJL (1986) 161 CLR 342
Runcorn v Raine [2008] FamCA 837
Schorel v Schorel (1990) FLC 92-144
Strahan and Strahan (Disqualification) (2009) FLC 93-414
Tennison & Gourlay [2010] FamCA 127

Vakauta v Kelly (1989) 167 CLR 568

APPLICANT: Mr Aligante
RESPONDENT: Ms Waugh
INDEPENDENT CHILDREN’S LAWYER: Fiona Reid
FILE NUMBER: SYF 3075 of 2004
DATE DELIVERED: 6 July 2010
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Watts J
HEARING DATE: 28 June 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Barry
SOLICITOR FOR THE APPLICANT: Legal Aid NSW
COUNSEL FOR THE APPLICANT: Mr Thomas
SOLICITOR FOR THE RESPONDENT: Miller & Young Solicitors
COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Schonell
SOLICITORS FOR INDEPENDENT CHILDREN’S LAWYERS Reid Family Lawyers

Orders

Order 2 made 28.6.10

  1. Leave be granted to the mother to make an oral application that I disqualify myself.  That oral application is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Aligante & Waugh is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 3075 of 2004

MR ALIGANTE

Applicant

And

MS WAUGH

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

  1. The matter was originally set down on 28 June 2010 to:

    1.1.Consider whether any evidence filed by the mother, which put in issue the qualification and competence of Dr W, would be admitted during the final stage of the hearing;

    1.2.Consider the “Application in a Case…

Continue reading Aligante and Waugh (No 2)

Sign in free to access the full text

Details
AGLC
Aligante and Waugh (No 2) [2010] FamCA 554
Case
[2010] FamCA 554
Decision Date

CaseChat Overview and Summary

In *Aligante and Waugh (No 2)*, the proceeding before Watts J involved an application by the mother seeking the disqualification of the judge.

The central legal issue before the court was whether the judge should disqualify himself from hearing the matter, based on an oral application made by the mother.

Watts J considered the application for disqualification and ultimately dismissed it. The judge's reasoning, though not detailed in the provided text, led to the conclusion that there were no grounds for recusal.

Consequently, the court made an order on 28 June 2010, dismissing the mother's application for the judge to disqualify himself.

Orders

Orders of the court

Order 2 made 28.6.10

1.

Leave be granted to the mother to make an oral application that I disqualify myself. That oral application is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.