Bilney and Brisco and Anor (No 3)

The Family Court of Australia heard applications by the mother, Ms J Bilney, against the father, Mr Brisco, and concerning the children C and J. The proceedings involved an application by the mother seeking the disqualification of the presiding Judge, Dawe J, on the grounds of apprehended bias. Separately, the mother sought interim orders for the children to live with her and spend time with the father, alleging the children were at risk of sexual abuse in the father's care. The maternal grandmother, Ms Y Bilney, was also a party involved in the proceedings.

The court was required to determine two primary legal issues. Firstly, whether there was a reasonable apprehension of bias on the part of Dawe J, necessitating her disqualification from the proceedings. Secondly, the court had to consider the mother's application for interim parenting orders, specifically whether the children should reside with her and have supervised contact with the father, in light of the allegations of sexual abuse and other welfare concerns.

Regarding the application for disqualification, the court applied the principles established in *Ebner v Official Trustee in Bankruptcy* and *British American Tobacco Australia Services Limited v Laurie*, which require a firmly established prejudgment to warrant disqualification, not merely dissatisfaction with a previous decision. Dawe J found that the mother's dissatisfaction with prior interlocutory decisions, which were made on an interim basis without findings of credit, did not establish a reasonable apprehension of bias in the eyes of a fair-minded lay observer. Consequently, the application for disqualification was dismissed. In relation to the interim parenting orders, the court considered the paramountcy of the children's best interests, as guided by the principles in *Goode & Goode*. Despite the mother's serious allegations, including new material concerning alleged sexual abuse by a neighbour, the court determined that the existing interim orders, which provided for the children to reside with the father, were in the children's best interests pending a final hearing. The court noted the need for the father to file an affidavit addressing his knowledge of the alleged abuse and ensured the matter would be listed for a final hearing with priority.