Gade and Jabbar (No.7)
Case
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[2017] FCCA 779
•20 April 2017
Details
AGLC
Case
Decision Date
Gade and Jabbar (No.7) [2017] FCCA 779
[2017] FCCA 779
20 April 2017
CaseChat Overview and Summary
In the matter of *Gade and Jabbar (No.7)*, the wife sought orders from Judge Terry for his disqualification from further hearing the proceedings, a change of venue, and a stay of further orders pending appeals in the Full Court.
The primary legal issue before the court was whether there were sufficient grounds to disqualify Judge Terry from continuing to hear the case, and consequently, whether the applications for a change of venue and a stay of proceedings were warranted.
Judge Terry dismissed the wife's applications, finding no basis for his disqualification. The court's reasoning, as indicated by the dismissal of the applications, was that the wife had failed to establish any apprehended bias or other grounds that would necessitate his recusal or justify the other orders sought. The court implicitly applied the legal principles concerning judicial impartiality and the threshold for disqualification, finding them not met in this instance.
The primary legal issue before the court was whether there were sufficient grounds to disqualify Judge Terry from continuing to hear the case, and consequently, whether the applications for a change of venue and a stay of proceedings were warranted.
Judge Terry dismissed the wife's applications, finding no basis for his disqualification. The court's reasoning, as indicated by the dismissal of the applications, was that the wife had failed to establish any apprehended bias or other grounds that would necessitate his recusal or justify the other orders sought. The court implicitly applied the legal principles concerning judicial impartiality and the threshold for disqualification, finding them not met in this instance.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Stay of Proceedings
Actions
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Citations
Gade and Jabbar (No.7) [2017] FCCA 779
Most Recent Citation
Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400
Cases Citing This Decision
2
Gade & Jabbar (No 11)
[2018] FCCA 1056
Jabbar v Gade (No. 3) (pseudonyms)
[2022] NSWSC 1400
Cases Cited
3
Statutory Material Cited
2
Strahan & Strahan (Disqualification)
[2009] FamCAFC 204
Johnson v Johnson
[2000] HCA 48
Johnson v Johnson
[2000] HCA 48