CUNNINGHAM & CUNNINGHAM

[2015] FCCA 1007

FEDERAL CIRCUIT COURT OF AUSTRALIA

CUNNINGHAM & CUNNINGHAM [2015] FCCA 1007

Catchwords:
FAMILY LAW – Application for disqualification – oral application – apprehended bias – test not satisfied – application dismissed.

Legislation:
Family Law Act 1975 (Cth)

Federal Circuit Court Rules 2001 (Cth)

Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427
Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka. (2001) 206 CLR 128
Johnson v Johnson (2000) 201 CLR 488
British American Tobacco Australia Services Limited v Laurie (2011) 242 CLR 283
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 377
Re J.R.L. Ex parte CJL (1986) 161 CLR 342
Strahan & Strahan (Disqualification) [2009] FamCA FC 204
Paisio and Paisio (1979) FLC 90-659
Goode & Goode [2006] FamCA 1346
MRR v GR (2010) 240 CLR 461
Eyton & Eyton & Ors [2013] FamCA 657

Applicant: MR CUNNINGHAM

Respondent: MS CUNNINGHAM

File Number: DGC 3065 of 2013

Judgment of: Judge O’Sullivan

Hearing date: 16 April 2015

Date of Last Submission: 16 April 2015

Delivered at: Melbourne

Delivered on: 16 April 2015

REPRESENTATION

Solicitor for the Applicant: Mr P. Mulligan

Solicitors for the Applicant: Goodman Group Lawyers

Counsel for the Respondent: Ms S. Fisken

Solicitors for the Respondent: Morley, Naughton, Pearn & Cook Solicitors

ORDERS

1. The applicant’s oral application be dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT MELBOURNE

DGC 3065 of 2013

MR CUNNINGHAM

Applicant

And

MS CUNNINGHAM

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. Before the Court today 16 April 2015 are proceedings between Mr Cunningham (“the father”) and Ms Cunningham (“the mother”). The father is 40 years of age and the mother is 37 years of age.

   
   

   The parties married in (omitted) 2003 and separated on 15 September 2012. There was a divorce order made on 11 December 2013. There are two children of the parties’ relationship, X born (omitted) 2009 and Y born (omitted) 2011 (“the children”) who are the subject of the parties competing applications for parenting orders in these proceedings.

2. The proceedings have been on foot since November 2013.
   The proceedings did involve disputes over both parenting and property orders under the Family Law Act 1975 (“the Act”). The property part of the proceedings was resolved on 25 September 2014 and final orders were made by consent. The dispute over parenting orders was then fixed for a trial on 9 April 2014. The proceedings are at Court today, 16 April 2015 on day 3 of the trial which commenced on 9 April 2015.

3. The father is represented by Mr Mulligan, Solicitor and the mother is represented by Ms Fisken of Counsel. Over the course of 9 and 10 April 2015 in the Dandenong Registry, the Court heard evidence from the father, the paternal grandmother and the mother. On 10 April 2015 the matter was adjourned to today, 16 April 2015 in the Melbourne Registry…