Kent and Adams (aka Adams and Adams (No3))

In the Family Court of Australia at Melbourne, Justice Bennett presided over proceedings between Mrs Adams (Applicant) and Mr Adams (Respondent). The husband, Mr Adams, made an oral application for the judge to disqualify herself, which was the fourth such application he had made. He also made an oral application for an adjournment to obtain legal advice.

The primary legal issue before the court was whether the judge should disqualify herself based on the husband's allegations. These allegations included claims of ignorance regarding cultural issues, improper detention and physical mistreatment of the husband, failure to have necessary paperwork before the court, disregard for amendments to the Family Law Act, a complaint made to the Human Rights and Equal Opportunities Commission, the husband being handcuffed, and the husband feeling unsafe in court. A secondary issue was whether the husband should be granted an adjournment to seek legal advice, specifically concerning bypassing the current court proceedings and approaching the High Court.

Justice Bennett applied the test for apprehended bias, as established in *Johnson v Johnson*, which requires considering whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the case. The judge found that the husband's grounds for disqualification were largely repetitive of previous applications or related to errors correctable on appeal. Regarding the new grounds, the judge was satisfied that a fair-minded observer would view her conduct as fair and accommodating. The judge also determined that the husband's request for an adjournment was not for a legitimate purpose related to the current hearing, but rather to circumvent the proceedings, and therefore dismissed this application.

Consequently, Justice Bennett dismissed both the husband's application for her disqualification and his application for an adjournment. The judge ordered that her ruling on these applications be transcribed and provided to both parties.