Khalif and Khalif and Anor (No 2)
Case
•
[2020] FamCA 73
•12 February 2020
Details
AGLC
Case
Decision Date
Khalif and Khalif and Anor (No 2) [2020] FamCA 73
[2020] FamCA 73
12 February 2020
CaseChat Overview and Summary
In the matter of *Khalif and Khalif and Anor (No 2)*, Watts J of the Federal Circuit Court of Australia considered applications by the first and second respondents. The first respondent sought the recusal of the judge due to apprehended bias, while the second respondent applied for a stay of certain orders previously made by the court.
The court was required to determine whether there were grounds for the judge to recuse himself from hearing the parenting and property settlement matters. Additionally, the court had to consider the second respondent's applications for stays of specific orders made on 31 January 2020, and whether to grant leave for the husband's Trustee in Bankruptcy to make further applications.
Watts J made several orders by consent, including injunctions restraining the respondents from dealing with or altering the Suburb D property and its contents. The second respondent's application to stay order 4 made on 31 January 2020 was not pressed. However, the application to stay order 3 made on the same date was dismissed. The judge recused himself from further hearing the parenting matter and the applications for final property settlement orders, referring the matter to the Case Management Judge for the allocation of a different judge. The second respondent was ordered to serve the reasons and orders on the husband's Trustee in Bankruptcy, who was granted leave to apply for relisting within 21 days if they wished to make applications concerning orders 7 and 9.
The court was required to determine whether there were grounds for the judge to recuse himself from hearing the parenting and property settlement matters. Additionally, the court had to consider the second respondent's applications for stays of specific orders made on 31 January 2020, and whether to grant leave for the husband's Trustee in Bankruptcy to make further applications.
Watts J made several orders by consent, including injunctions restraining the respondents from dealing with or altering the Suburb D property and its contents. The second respondent's application to stay order 4 made on 31 January 2020 was not pressed. However, the application to stay order 3 made on the same date was dismissed. The judge recused himself from further hearing the parenting matter and the applications for final property settlement orders, referring the matter to the Case Management Judge for the allocation of a different judge. The second respondent was ordered to serve the reasons and orders on the husband's Trustee in Bankruptcy, who was granted leave to apply for relisting within 21 days if they wished to make applications concerning orders 7 and 9.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Stay of Proceedings
-
Injunction
-
Consent
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Corkhill & Corkhill (No 3) [2022] FedCFamC2F 1587
Cases Cited
6
Statutory Material Cited
2
Jackson & Balen
[2009] FamCAFC 131
Kalifair Pty Ltd v Digi-Tech (Australia) Ltd
[2002] NSWCA 383