Feranti and Connor and Anor (Disqualification)

The application for disqualification was brought by the father, Mr Feranti, against Justice Dawe in the Family Court of Australia. The dispute concerned the father's application for Justice Dawe to disqualify herself from further hearing the matter.

The central legal issue before the Court was whether Justice Dawe should be disqualified from continuing to hear the case. This required the Court to consider the principles of apprehended bias and the appearance of impartiality in judicial proceedings.

Justice Dawe granted the father's application for her disqualification. The Court reasoned that while she did not believe she was actually biased, there was a sufficient appearance of bias that would lead a reasonable and informed observer to apprehend that she might not bring an impartial mind to the resolution of the case. Consequently, the remaining applications in the case were referred to the Docket Registrar to be listed before another Judge.