Gade and Jabbar (No.7)

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

2

Gade & Jabbar (No 11) [2018] FCCA 1056
Cases Cited

3

Statutory Material Cited

2

Johnson v Johnson [2000] HCA 48
Johnson v Johnson [2000] HCA 48