McMillan and McMillan (No 2)

In *McMillan and McMillan (No 2)*, Tree J of the Family Court of Australia considered an application by the husband for the judge to recuse himself from proceedings, and a separate application by the wife filed in November 2016.

The primary legal issue before the court was whether the husband had established sufficient grounds for Tree J to recuse himself from hearing the matter. A secondary issue concerned the merits of the wife's application filed in November 2016.

Tree J dismissed the husband's application for recusal, finding no apprehended bias. The judge reasoned that the husband had not demonstrated any objective basis for a reasonable apprehension that the judge would not bring an impartial mind to the resolution of the questions the judge was required to decide. The wife's application was also dismissed.

Consequently, the husband was ordered to pay the costs of and incidental to his application for recusal, and the wife's application in a Case filed 7 November 2016 was otherwise dismissed.