Pitman & Hynes

In *Pitman & Hynes* [2021] FamCA 300, the Family Court of Australia considered multiple applications filed by the Applicant Mother. These included an application for the presiding judge, Harper J, to recuse himself on grounds of apprehended bias, an application to adjourn proceedings based on a Notice of Constitutional Matter, a review of a Registrar's decision to reject a contempt application, an application to join the children as parties, and an application for a stay of orders. The proceedings involved two children, X and Y, and were described as long and acrimonious.

The primary legal issues before the Court were whether a reasonable apprehension of bias existed, thereby requiring the judge's recusal, and whether the filing of a Notice of Constitutional Matter pursuant to s 78B of the *Judiciary Act 1903* (Cth) necessitated an adjournment of the proceedings. The Court was also required to determine the merits of the other interlocutory applications brought by the mother, including the review of the Registrar's decision, the joinder of the children, and the application for a stay of orders.

Harper J dismissed the application for recusal, finding that a fair-minded lay observer would not reasonably apprehend that he might not bring an impartial mind to the resolution of the questions before him. His Honour explained that the mother's assertions of judicial misconduct and incapacity were based on a misapprehension of the Court's role in relation to the funding of legal representation under s 102NA of the *Family Law Act 1975* (Cth). The judge also refused the application for an adjournment based on the Notice of Constitutional Matter, holding that it did not "really and substantially" raise a matter arising under the Constitution or involving its interpretation, and that the mother's contentions were without merit and bordered on vexatious. The remaining applications brought by the mother were also dismissed, with the Court noting the inappropriate processes used and the lack of evidence or submissions in support.