Bergman and Bergman (No. 5)

This matter came before Young J concerning an appeal by the husband, represented by a Case Guardian, against orders pronounced on 4 August 2008. The proceedings involved the husband, the wife, Mr Porter, and Mr Sarinsson. The primary dispute revolved around the husband's desire to appeal the earlier orders, with a stay of those orders sought pending the Full Court appeal.

The court was required to determine several procedural and substantive issues. These included whether to grant leave for the filing of applications and supporting documents by the Case Guardian and Mr Porter, the listing and management of the Full Court appeal, and the abridgement of necessary times and filing dates. Crucially, the court also had to consider an application for the disqualification of Young J from further hearings and address issues relating to the payment of legal costs.

Young J granted leave for the filing of applications and supporting affidavits by the Case Guardian and Mr Porter. The operation of the 4 August 2008 orders was stayed pending the Full Court appeal, which was scheduled for October 2008. The court directed that the Case Guardian diligently pursue the appeal and ordered that an application be made for the disqualification of Young J, with responses to be filed by the wife, Mr Porter, and Mr Sarinsson. The hearing of this disqualification application was fixed for 16 September 2008. Issues concerning legal costs were reserved, and all other extant applications were adjourned for mention and case management. An undertaking given by the Case Guardian was continued pending the Full Court appeal.