FERANTI & CONNOR

In the matter of *Feranti & Connor*, Dawe J of the Family Court of Australia considered the impact of the mother's death on ongoing family law proceedings concerning their child. The father had made an oral application seeking the disqualification of the presiding judge.

The primary legal issue before the court was whether the proceedings had abated upon the mother's death. A secondary issue arose from the father's application for the judge's disqualification.

Dawe J reasoned that once a party to proceedings dies, those proceedings generally abate, meaning they cease to exist and can no longer be heard. Consequently, the court held that it was inappropriate for any judge to disqualify themselves from hearing a matter that had abated and was no longer in existence. The father's application for disqualification was therefore dismissed on this basis.

The court ordered that upon the filing of a certified copy of the mother's death certificate, all proceedings concerning the child would be concluded. The court formally dismissed any pending applications by the father, including his oral application, on the grounds that there were no longer any proceedings in which those matters could be considered.