Peddar and Vina

In *Peddar & Vina*, the Family Court of Australia considered an application by the mother, Ms Vina, concerning her children. The proceedings had been transferred to the Family Court from the Federal Circuit Court. The father, Mr Peddar, was not present or represented at the hearing, making it an ex-parte matter.

The primary legal issue before the court was whether the judge, Justice Bennett, should recuse herself from further hearing the matter and whether the proceedings should be transferred to another court. This arose due to the judge's extensive prior involvement in the case, which included a Hague Convention application concerning access and the subsequent wrongful retention of the children in Sweden by the mother, leading to their unlocatable status for a period and their eventual return to Australia under court orders.

Justice Bennett reasoned that her significant prior involvement meant she could not approach the matter with an impartial or open mind, rendering it inappropriate for the case to remain before her. She concluded that the proceedings should be transferred to the Federal Circuit Court in Adelaide, as this registry was most conveniently located for the mother, who resided in South Australia. The judge determined there was no reason for the matter to remain in the Family Court of Australia and that returning it to the Federal Circuit Court was preferable to transferring it to the Adelaide Registry of the Family Court, which might then transfer it back to the trial court.

Consequently, Justice Bennett ordered the transfer of the proceedings to the Federal Circuit Court at Adelaide Registry on a date to be fixed by that court, and she disqualified herself from any further hearing of the matter.