FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kapoor & Kapoor (No 3) [2025] FedCFamC2F 579
File number(s): SYC 7947 of 2022 Judgment of: JUDGE STREET Date of judgment: 6 May 2025 Catchwords: FAMILY LAW - Application for recusal dismissed – refusal of stay beyond 2 pm. Legislation: Family Law Act 1975 (Cth) Division: Division 2 Family Law Number of paragraphs: 1 Date of hearing: 6 May 2025 Place: Sydney Counsel for the Applicant: Ms. K Beck Solicitor for the Applicant: Fox & Staniland Lawyers Counsel for the Respondent: Ms. M McMahon Solicitor for the Respondent: Marsdens Law Group Counsel for the Independent Children's Lawyer: Mr. T Iuliano Solicitor for the Independent Children's Lawyer: Gordon & Barry Lawyers Pty Ltd ORDERS
SYC 7947 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KAPOOR
Applicant
AND: MR KAPOOR
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
6 MAY 2025
THE COURT ORDERS THAT:
1.The matter be stood down to 2:00 pm, on 6 May 2025, to permit the applicant’s representative to make an application for stay from an appellate judge, and the court refuses to grant a stay of proceedings beyond 2:00 pm today.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE STREET
The court’s orders are not one to be presumed incorrect and the court is of the view that these are proceedings in respect of which it is in the best interest of the child and in accordance with the principles under s 95 and s 69ZN of the Family Law Act 1975 (Cth) that they should proceed. It is for these reasons that this court declines to grant a stay beyond 2:00 pm today, which is sufficient time to permit an oral application to be made, for a stay, if the applicant and ICL so wishes. Otherwise, the matter should proceed.
I certify that the preceding one (1) numbered paragraph is a true copy of the Ex Tempore Reasons for Judgment of Judge Street. Associate:
Dated: 6 May 2025
- AGLC
- Kapoor & Kapoor (No 3) [2025] FedCFamC2F 579
- Case
- [2025] FedCFamC2F 579
- Decision Date
CaseChat Overview and Summary
Judge Street had to determine whether there were grounds for the recusal of the judge and whether a stay of the proceedings was warranted. The judge considered the evidence and submissions provided by both parties, assessing the legitimacy of the recusal application and the merits of granting a stay. In making the decision, the judge examined the legal principles governing recusal and the criteria for granting a stay of proceedings in family law matters.
The court dismissed the application for recusal and refused to grant a stay beyond 2 pm. The reasoning provided by the judge highlighted that the application for recusal lacked sufficient grounds and that the request for a stay was not supported by compelling circumstances. The court’s decision was made in accordance with the legal standards and the evidence presented. The matter was stood down to allow for any further applications to be made, but no further stay was granted.
The court ordered that the matter be stood down to 2:00 pm on 6 May 2025 to allow the applicant’s representative to make an application for a stay from an appellate judge. The court explicitly refused to grant a stay of proceedings beyond 2:00 pm on that day. This order was made under the authority of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
SYC 7947 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS KAPOOR
Applicant
AND:
MR KAPOOR
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
6 MAY 2025
THE COURT ORDERS THAT:
1. The matter be stood down to 2:00 pm, on 6 May 2025, to permit the applicant’s representative to make an application for stay from an appellate judge, and the court refuses to grant a stay of proceedings beyond 2:00 pm today.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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