Green & Knowles

The case of Green & Knowles involved an appeal by the father, challenging various orders made by the Family Court of Australia in relation to parenting arrangements for his child. The father appealed against the refusal of the trial judge to disqualify himself on the basis of apprehended bias, against the discretionary parenting orders, and against the costs order made against him. The father argued that the trial judge's comments reflected a bias and that the parenting orders were not in the best interests of the child. Furthermore, the father contended that the trial judge erred in making a costs order against him.

In addressing the appeal, the court examined whether the trial judge's comments indicated a bias that would preclude a fair trial. The court found that the comments were preliminary views and did not establish an apprehended bias. Regarding the parenting orders, the court considered whether the trial judge had erred in exercising his discretion. The court held that the orders were open to the trial judge based on the evidence presented and did not establish an appealable error. Lastly, the court assessed the trial judge's decision to make a costs order against the father, concluding that the findings were open to the trial judge and no error was present.

The court dismissed both appeals, affirming that no grounds for disqualifying the trial judge or for overturning the parenting orders and costs decision were established. Consequently, the court ordered that each party bear their own costs of the appeals. Additionally, the Registry Manager of the Melbourne Registry of the Family Court of Australia was directed to pay the father $10,000 plus interest as per the Full Court's orders dated 5 May 2010.