FEDERAL CIRCUIT COURT OF AUSTRALIA
| BULOW & BULOW (No.2) | [2019] FCCA 2251 |
| Catchwords: FAMILY LAW – Application for recusal – apprehended bias – application for transfer to Family Court – where matter remitted for re-trial by Full Court – application dismissed. |
| Legislation: Family Law Act 1975 (Cth), ss.79 and 79(2)(iv) Commonwealth Evidence Act 1995 (Cth) |
| Applicant: | MS BULOW |
| Respondent: | MR BULOW |
| File Number: | ADC 1674 of 2014 |
| Judgment of: | Judge Heffernan |
| Hearing date: | 2 July 2019 |
| Date of Last Submission: | 2 July 2019 |
| Delivered at: | Adelaide |
| Delivered on: | 29 July 2019 |
REPRESENTATION
| The Applicant: | In person |
| The Respondent: | In person |
ORDERS
Paragraphs 1, 2, 3, 5, 6 and 7 of the Application in Case filed by the husband on 28 June 2019 are dismissed.
The proceedings are adjourned to 22 October 2019 at 3.15pm for callover and possible trial listing NOTING the parties are required to personally attend on this day UPON FURTHER NOTING it is requested that counsel properly instructed for trial attend and in the event they are not available, the file principal attend.
The wife’s Application in a Case filed 11 April 2019 which seeks to limit the scope of the trial and the husband’s response and submissions is adjourned for interim hearing on 22 October 2019 at 3.15pm for half hour.
IT IS NOTED that publication of this judgment under the pseudonym is Bulow & Bulow (No.2) approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADC 1674 of 2014
| MS BULOW |
Applicant
And
| MR BULOW |
Respondent
REASONS FOR JUDGMENT
(Reasons Settled from Transcript)
Introduction
This matter proceeded before me as an interim argument on an Application in a Case filed by the husband, Mr Bulow. That application sought a number of orders. The first is that I recuse myself from the rehearing of this matter that was ordered by the Full Court in its appeal judgment, to which I will refer later. Secondly, that this matter be transferred to the Family Court. Thirdly, that pursuant to s.79(2)(iv) of the Family Law Act 1975 (Cth) (‘the Act’) a full re-hearing occur before another judge. That is particularised as being within the scope of order 6. I will make a comment about that in a moment.
Fourthly, that the two Applications in a Case filed by the wife on 18 December 2017 and 11 April 2019 be dismissed. I have indicated that I will not deal with those applications at this time. Fifthly, that the “case filed ADC1674/2014 be wholly dismissed if order 6 issued by the Full Court of the Family Court on 18 January 2019 … is not fully enacted to…
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- AGLC
- Bulow and Bulow (No.2) [2019] FCCA 2251
- Case
- [2019] FCCA 2251
- Decision Date
CaseChat Overview and Summary
The primary legal issue before Judge Heffernan was whether there was an apprehension of bias on the part of the judge, necessitating recusal, and whether the matter should be transferred to the Family Court.
Judge Heffernan dismissed the husband's application for recusal and transfer. The reasoning for this decision is not detailed in the provided text, but the outcome indicates that the judge found no basis for the apprehended bias or the transfer application.
Consequently, the husband's application was dismissed. The proceedings were adjourned for a callover and potential trial listing, with specific requirements for the attendance of the parties and their legal representatives. The wife's application to limit the scope of the trial was also adjourned for an interim hearing.
Orders
Orders of the court
1.
Paragraphs 1, 2, 3, 5, 6 and 7 of the Application in Case filed by the husband on 28 June 2019 are dismissed.
2.
The proceedings are adjourned to 22 October 2019 at 3.15pm for callover and possible trial listing NOTING the parties are required to personally attend on this day UPON FURTHER NOTING it is requested that counsel properly instructed for trial attend and in the event they are not available, the file principal attend.
3.
The wife’s Application in a Case filed 11 April 2019 which seeks to limit the scope of the trial and the husband’s response and submissions is adjourned for interim hearing on 22 October 2019 at 3.15pm for half hour.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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