Nunes and Nunes

[2016] FCCA 2910

FEDERAL CIRCUIT COURT OF AUSTRALIA

NUNES & NUNES [2016] FCCA 2910

Catchwords:
FAMILY LAW – Application in a Case seeking order that judge disqualify himself by reason of asserted apprehended bias – Application dismissed.

Cases cited:

Hillier & Wootton [2013] FamCAFC 11

Applicant: MS NUNES

Respondent: MR NUNES

File Number: PAC 3062 of 2015

Judgment of: Judge Newbrun

Hearing date: 19 October 2016

Date of Last Submission: 24 October 2016

Delivered at: Parramatta

Delivered on: 11 November 2016

REPRESENTATION

Counsel for the Applicant: Mr O'Brien

Solicitors for the Applicant: JB & Associates Solicitors and Barristers

Solicitors for the Respondent: O'Sullivan Legal

ORDERS

1. The mother’s Application in a Case filed 10 October 2016 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Nunes & Nunes is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3062 of 2015

MS NUNES

Applicant

And

MR NUNES

Respondent

REASONS FOR JUDGMENT

1. The Applicant mother filed an Application in a Case on 10 October 2016 seeking an order that I disqualify myself from the proceedings.

2. The mother relies upon the affidavit of Yanwen Gao, solicitor, filed 10 October 2016, together with a transcript of the proceedings before the court on 29 September 2016 (Exhibit A).

3. The parties made oral submissions in relation to the above application on 19 October 2016, with the mother filing and serving a short written summary of her oral submissions a short time later.

4. The mother submits that I should disqualify myself for apprehended bias arising out of the directions that the Court made on 29 September 2016. Those directions were as follows:

   a)Within 7 days, the mother shall file and serve a short written submission (no longer than 2 pages) setting out her reasons why Dr T’s psychologist report should not be admitted into evidence at the interim hearing.

   b)Within 7 days, each party shall file and serve an alternative interim parenting proposal providing for a graduated regime of the children spending time with the father.

   c)Within 7 days, the father shall cause to be filed an affidavit by the paternal grandmother indicating her willingness to oversee the children’s time spent with the father. Such affidavit should contain relevant undertakings by the paternal grandmother and, inter-alia, should indicate that the paternal grandmother has read, before swearing the affidavit, the mother’s and sister’s affidavit evidence and the expert evidence or expert reports in the proceedings.

   d)Within a further 7 days, the mother shall file and serve a short written submission, in relation to the above affidavit of the paternal grandmother and setting out relevant submissions in relation to any objection to the paternal grandmother overseeing any time spent by the children with the father.

Background

1. On 24 August 2015, the Court appointed an interim hearing for 11 December 2015 to determine the issue of whether or not the father’s time spent with the children should be supervised, and if so the nature of such supervision, and otherwise…