Earles & Highsmith (No 4)

In the matter of *Earles & Highsmith (No 4)*, Collier J of the Family Court of Australia considered applications by the Independent Children’s Lawyer and the father concerning the implementation of Final Orders made on 8 October 2012. The mother also applied to disqualify the presiding Judicial Officer from further hearing the matter.

The court was required to determine whether to vary the commencement date of a one-month period during which the child was not to spend any time with the mother, in light of recent developments. Additionally, the court had to consider the mother's application for the disqualification of the Judicial Officer, based on allegations of actual bias, and whether the mother lacked faith in the Judicial Officer's ability to discharge their duties.

Collier J varied the commencement date of the one-month period, ordering that it would run from the day after the child returned to the father's care under a recovery order. Regarding the disqualification application, while no finding of apprehended or actual bias was made, the application was upheld on the ground that the mother lacked faith in the Judicial Officer's capacity to properly discharge their judicial obligations.

Consequently, Collier J disqualified herself from further conduct of the matter, except for the issue of costs. All other matters were adjourned to be heard by another Judge, with no listing before 1 February 2013. Applications for costs were to be filed within fourteen days, and the matter was adjourned for the completion of the costs argument on 21 February 2013. The Independent Children’s Lawyer was directed to serve a detailed account of their claimed costs on the mother.