CHRANLEY & SMART

In the matter of CHRANLEY & SMART, Dawe J of the Family Court of Australia considered applications concerning contravention proceedings and a separate application for the disqualification of the presiding judge and the discharge of the Independent Children’s Lawyer. The primary dispute revolved around outstanding contravention applications that had not been served on the mother.

The court was required to determine whether it was appropriate to proceed with the contravention applications given the lack of service on the mother. Additionally, the court had to consider the adjournment of the application seeking the disqualification of Justice Dawe and the discharge of the Independent Children’s Lawyer.

Dawe J reasoned that it would be inappropriate to proceed with the contravention applications without proper service on the mother. Consequently, the court ordered that these applications be adjourned to be heard as reserve matters during special sittings in the fortnight commencing 7 March 2011, with parties directed to attend a callover on 28 February 2011. The application for disqualification and discharge was adjourned for mention to 18 March 2011. The father was granted leave to file and serve an affidavit in support of the contravention proceedings, subject to specific filing and service deadlines.