BULOW & BULOW (No.2)

Case

[2019] FCCA 2251

29 July 2019


Details
AGLC Case Decision Date
Bulow and Bulow (No.2) [2019] FCCA 2251 [2019] FCCA 2251 29 July 2019

CaseChat Overview and Summary

This matter concerned an application for recusal of the judge and an application for transfer of proceedings to the Family Court, brought by the husband. The proceedings had previously been remitted for a re-trial by the Full Court.

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Jurisdiction

  • Stay of Proceedings

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Cases Citing This Decision

1

Bulow & Bulow (No 3) [2021] FCCA 314
Cases Cited

4

Statutory Material Cited

3

Bulow & Bulow [2019] FamCAFC 3