Parnell and Anor and Leotta

In the matter of *Parnell and Anor and Leotta*, heard before Cleary J of the Family Court of Australia, the applicants, the mother and her new partner, sought to re-open parenting proceedings. The mother also filed a contravention application. The father opposed these applications.

The primary legal issues before the Court were whether there had been a material change in circumstances warranting a re-opening of the parenting orders, and whether the judge ought to disqualify himself from hearing the matter due to apprehended bias. A further issue arose concerning the conduct of the mother's legal representative, who was not yet admitted to practice but had been granted leave to appear.

Cleary J found that the mother had not established a material change in circumstances. Her new relationship did not constitute such a change, nor had she demonstrated compliance with existing orders regarding her mental health. The application for disqualification was refused, with the Court noting that the timing of the application lacked adequate notice and would have denied the father procedural fairness. The judge also withdrew leave for the mother's representative to appear due to her inappropriate conduct towards the bench, and referred her conduct to the Legal Services Commissioner. The contravention application was adjourned to be heard by another judge.