Batey-Elton & Elton

The appeal in Batey-Elton & Elton concerned a complex family law dispute, with the wife seeking to challenge various orders made by the trial Judge. The primary issues in the case revolved around the wife's disqualification application, the alleged denial of procedural fairness, the trial Judge's impartiality, and the validity of certain orders made during the proceedings. The wife also sought to adduce further evidence, including a tape recording and affidavits, to support her case. The Court of Appeal was tasked with determining whether the trial Judge had erred in various respects and whether the wife had been denied natural justice or procedural fairness.

The Court of Appeal first addressed the wife's disqualification application, finding that it required prompt determination. The Court held that procedural fairness had been afforded to the wife and that no actual or apprehended bias by the trial Judge had been established. The wife's complaints regarding procedural fairness and natural justice were also found to be without merit. The Court also considered the wife's application for leave to appeal, granting it due to the trial Judge's failure to provide adequate reasons for certain orders. The Court found that the trial Judge's exclusion of a non-practitioner from the courtroom, on account of disruptive and inappropriate conduct, was soundly based and did not result in the wife being denied procedural fairness or natural justice.

The Court further considered the wife's application to adduce further evidence, dismissing it as the evidence sought to be adduced would have been of little utility. The Court held that the wife had not established any grounds for setting aside the orders of the trial Judge, except in relation to Order 12 of the orders made on 15 February 2010, which was set aside. The Court also dismissed the wife's application to adjourn the appeal, finding that the wife had had a considerable period of time to prepare her submissions and that any prejudice to her had been overcome by the Court's order permitting the filing of further written submissions.

The Court of Appeal also considered the wife's application for a non-practitioner to appear on her behalf, following the principles set out in previous Full Court determinations. The Court held that the non-practitioner could act as a McKenzie Friend but was not granted the right of audience. The Court concluded that the wife's appeal was dismissed in part, with the application for leave to appeal allowed and the balance of the appeal dismissed. The parties were at liberty to file written submissions regarding the costs of the appeals, in accordance with a specified timetable.