Green v Knowles

GREEN
v
KNOWLES & ANOR
[2011] HCASL 147
M6/2011

1. The applicant seeks special leave to appeal to this Court from a decision of the Full Court of the Family Court (Bryant CJ, Boland and Thackray JJ), which on 15 December 2010 dismissed his appeal from parenting orders and costs orders made by the primary judge (Mushin J).

2. The applicant and first respondent were married and had two children together, but separated in January 2002.  The applicant and first respondent are both legal practitioners.  The applicant commenced proceedings in the Family Court seeking various parenting orders pursuant to the Family Law Act 1975 (Cth). Both the applicant and the first respondent were represented by counsel at the 16 day trial, except for the last four days of the trial when the applicant represented himself.

3. The applicant appealed to the Full Court of the Family Court from the parenting orders and costs orders made by the primary judge.  Amongst the numerous grounds of appeal raised by the applicant, he submitted that he was denied natural justice by the primary judge; that the primary judge had failed to disqualify himself for apprehended bias; and that the primary judge made several errors concerning findings of fact.  The Full Court unanimously dismissed the applicant's appeal and gave comprehensive reasons for doing so.

4. The applicant seeks to re-agitate in this Court several of the grounds of appeal he raised before the Full Court.  There is no reason to doubt the correctness of the Full Court's decision.  Therefore, special leave to appeal is refused with costs.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

W.M.C. Gummow
8 September 2011 S.M. Kiefel