Leroux & Leroux & Ors (No 2)

Case

[2016] FamCA 524

13 May 2016


Details
AGLC Case Decision Date
Leroux & Leroux & Ors (No 2) [2016] FamCA 524 [2016] FamCA 524 13 May 2016

CaseChat Overview and Summary

In *Leroux & Leroux & Ors (No 2)*, Benjamin J of the Family Court of Australia considered several applications made by the father in ongoing family law proceedings. The primary dispute involved the father's application for the judge to disqualify himself from hearing the matter, alongside various applications for adjournments of other procedural matters, including a review of a registrar's determination and applications seeking procedural orders.

The court was required to determine whether Benjamin J should disqualify himself from the proceedings. Additionally, the court had to consider the father's applications for adjournments of his own applications for procedural orders and the review of the registrar's determination, as well as an application by the Independent Children's Lawyer for procedural orders.

Benjamin J dismissed the father's application for disqualification, finding no grounds for the judge to recuse himself. However, the court granted the father's applications for adjournments of his applications seeking procedural orders and the review of the registrar's determination, listing these matters for an interim hearing on a fixed date. The costs of all parties were reserved, and it was certified that engaging counsel was reasonable.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

Johnson v Johnson [2000] HCA 48
Re JRL; Ex parte CJL [1986] HCA 39