Charters and Webb and Anor

[2018] FCCA 978

FEDERAL CIRCUIT COURT OF AUSTRALIA

CHARTERS & WEBB & ANOR [2018] FCCA 978

Catchwords:
FAMILY LAW – Recusal application by Maternal Grandmother based on alleged findings in an earlier case between the parents in which she was not called to give evidence – Maternal Grandmother brings fresh application for the child to live with her – mother in proceedings supports the Maternal Grandmother’s application but brings no application of her own – Father opposes recusal – application dismissed.

Cases cited:

British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; (2011) 242 CLR 283
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Ex parte Lewin; Re Ward [1964] NSWR 446

Graziers Association of New South Wales v Australian Legion of Ex Serviceman and Women [1949] NSWStRp 16; (1949) 49 SR (NSW) 300

Johnson v Johnson (2000) 201 CLR 488

Livesey & New South Wales Bar Association [1983] HCA 17

Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427
Pawley and Pawley (No.2) [2017] FamCAFC 136

Rice & Asplund (1979) FLC 90

Applicant: MS CHARTERS

First Respondent: MR WEBB

Second Respondent: MS GUTHRIE

File Number: SYC 7278 of 2017

Judgment of: Judge Altobelli

Hearing date: 21 February 2018

Date of Last Submission: 21 February 2018

Delivered at: Sydney

Delivered on: 16 May 2018

REPRESENTATION

The Applicant appeared in person

Counsel for the First Respondent: Mr Lawrence

Solicitor for the First Respondent: Acorn Lawyers

The Second Respondent appeared in person

ORDERS

1. The Maternal Grandmother’s Application in a Case filed 12 January 2018 is dismissed.

2. Any application for costs proceed by way of written submissions and be determined in Chambers.

3. The Applicant for costs file and serve written submissions not exceeding 500 words within 21 days.

4. The Respondent to such an application file and serve written submissions not exceeding 500 words within a further 21 days.

5. Any submissions in reply not exceeding 200 words be filed and served within a further 14 days.

IT IS NOTED that publication of this judgment under the pseudonym Charters & Webb & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7278 of 2017

MS CHARTERS

Applicant

And

MR WEBB

First Respondent

MS GUTHRIE

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. This case is essentially about [X], born 2012, now five years old. On 16 December 2016 I made orders, and published reasons for judgment which were reported as [2016] FCCA 2285. In that judgment I made orders which reversed what was the then existing care arrangement, so that [X] was to live with her Father, instead of her Mother. The case about [X] was heard over five days and my reasons for judgment went to 675 paragraphs. As I said in my opening comments, at paragraph 1 of that judgment:

   This is a difficult, complex case.

2. Since then, a number of things have happened.  [X] went into her Father’s care, in accordance with my…