NORRIS & MATTHEWS

In the matter of *Norris & Matthews*, Austin J of the Family Court of Australia considered applications made by the mother. The mother sought both a stay of interim orders pending the outcome of an appeal or final hearing, and the disqualification of the docket judge from hearing the matter.

The court was required to determine whether the grounds of appeal advanced by the mother possessed sufficient merit to warrant a stay of the interim orders. Additionally, the court had to assess whether the mother had demonstrated actual or perceived bias on the part of the docket judge, thereby necessitating the judge's disqualification from the proceedings.

Austin J concluded that there was no discernible merit in the grounds of appeal, finding this to be an influential factor in the determination of the stay application. His Honour also noted that the appeal was unlikely to be heard before the final trial, rendering the appeal a potentially futile exercise. Consequently, the mother's application for a stay was dismissed. Regarding the disqualification application, the court found that the mother, who was plainly dissatisfied with recent decisions, had failed to demonstrate actual or perceived bias. Therefore, this application was also dismissed. The father's costs of the interim hearing were reserved until the final trial.