CLEWER & CLEWER

Case

[2019] FCCA 725

12 February 2019


Details
AGLC Case Decision Date
Clewer and Clewer [2019] FCCA 725 [2019] FCCA 725 12 February 2019

CaseChat Overview and Summary

In *Clewer & Clewer*, the wife sought the recusal of Judge Harman from proceedings concerning property settlement and related matters. The dispute arose in the context of ongoing litigation between the parties, including separate proceedings in the Federal Circuit Court.

The primary legal issue before the court was whether there were grounds for the judge to recuse himself based on apprehended bias. This involved an assessment of whether a reasonable and informed person, knowing the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide.

Judge Harman considered the wife's submissions regarding her apprehension of bias, which were largely based on previous judicial findings and the perceived tone of certain communications. The judge ultimately concluded that the wife had not established a sufficient basis for recusal, finding that no reasonable apprehension of bias existed. The court then proceeded to make orders addressing the financial and procedural aspects of the case, including the payment of a sum by the wife to the husband, the payment of costs, and the discontinuance of related proceedings in the Federal Circuit Court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

R v Wise [2004] VSCA 88
Johnson v Johnson [2000] HCA 48
Johnson v Johnson [2000] HCA 48