GRANT & AIDEN

In the matter of *Grant & Aiden*, the mother applied to the Federal Circuit Court of Australia for the disqualification of the trial judge, Macmillan J, on the grounds of actual bias. The dispute arose from the mother's assertion that the judge's conduct during proceedings indicated bias, specifically in relation to contravention proceedings that had already been determined and in the judge's refusal to permit evidence concerning the sexual relationship between the parents prior to the making of consent orders.

The central legal issues before the court were whether the trial judge had demonstrated actual bias or apprehended bias. The mother contended that the judge's refusal to allow her to ask questions relevant to the contravention proceedings, and the exclusion of evidence regarding the parents' sexual relationship before consent orders were made, demonstrated a predisposition against her case.

Macmillan J reasoned that the mother had failed to identify any specific statement or action by the court that suggested a decision based on anything other than the factual and legal merits of the case. The judge concluded that the mother's claims of actual and apprehended bias were unfounded, as the rulings made during the proceedings were within the proper exercise of judicial discretion and did not indicate any pre-judgment or unfairness.

Consequently, the court dismissed the mother's oral application for disqualification. The extant applications for final orders were then listed for further hearing before Macmillan J.