Fallon and Bashandi (No 2)

In the matter of *Fallon and Bashandi (No 2)*, Bennett J of the Federal Circuit Court of Australia considered applications made by both the mother and the father concerning their child. The proceedings involved numerous applications filed by the mother, including an Application Initiating Proceedings and several Contravention Applications, as well as various Case Applications filed by both parents. A hearing previously scheduled for 1 and 2 December 2016 was vacated.

The central legal issue before the court was the judge's recusal from further hearing the matter. This arose due to the judge's determination that the mother's contravention application filed on 18 March 2014, which had been part-heard, would need to be recommenced before another judge. Consequently, the judge had to consider the appropriate management of the remaining applications and the costs associated with the proceedings.

Bennett J reasoned that due to the need to recommence a part-heard contravention application before a different judicial officer, it was appropriate for the judge to recuse themselves from further involvement in the case. The court ordered that the vacated hearing be cancelled and that the numerous outstanding applications be referred to the case management judge for future management and scheduling. Existing orders restricting the father's movement out of Australia were confirmed to remain in force. The court also granted costs certificates to the applicant and the independent children's lawyer for specific past hearing dates, limited to the costs of counsel and solicitors, acknowledging the judge's disqualification and the recommencement of the contravention application. Costs for the mother and the independent children's lawyer from a later date were reserved.