Grange and Grange and Ors

In the matter of *Grange and Grange and Ors*, Kent J of the Family Court of Australia was required to determine an application by the Husband seeking the Justice's recusal from hearing the trial of the proceedings.

The central legal issue before the Court was whether there was a reasonable apprehension of bias on the part of Kent J, such that his Honour ought to recuse himself from presiding over the trial.

Kent J dismissed the Husband's application, finding that no reasonable apprehension of bias had been established. His Honour applied the well-settled test for apprehended bias, which requires consideration of whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide. His Honour concluded that the circumstances did not give rise to such an apprehension.

The Husband's Application in a Case filed on 2 November 2015 seeking the recusal of Kent J was therefore dismissed.