Calder and Poca (No. 2)

Case

[2008] FamCA 800

15 September 2008


Details
AGLC Case Decision Date
Calder and Poca (No. 2) [2008] FamCA 800 [2008] FamCA 800 15 September 2008

CaseChat Overview and Summary

In *Calder and Poca (No. 2)*, Cohen J of the Supreme Court of New South Wales considered an application for disqualification from further involvement in proceedings. The specific nature of the underlying dispute between the parties, Calder and Poca, is not detailed in the provided text, but the application concerned the judge's continued participation.

The central legal issue before the Court was whether the judge should recuse himself from the proceedings. This required an assessment of whether there was a reasonable apprehension of bias, given the circumstances that led to the application. The Court also had to determine the appropriate course of action regarding a subpoena that was scheduled to be heard before a registrar.

Cohen J determined that disqualification was the appropriate course of action, indicating that there was a basis for a reasonable apprehension of bias. Consequently, the judge ordered his own disqualification from further involvement in the proceedings. The Court also made an order to adjourn the return of a subpoena, which was listed before Registrar George, to a later date before a registrar, specifically after 25 September 2008.
Details

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Stay of Proceedings

  • Costs

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