Rilak & Tsocas

Case

[2017] FamCA 757

26 September 2017


Details
AGLC Case Decision Date
Rilak & Tsocas [2017] FamCA 757 [2017] FamCA 757 26 September 2017

CaseChat Overview and Summary

In the matter of *Rilak & Tsocas*, the applicant sought the disqualification of Rees J on the grounds of apprehended bias. The applicant also applied for a stay of costs orders made on 11 May 2017, pending the determination of an appeal.

The court was required to determine two principal issues: first, whether there was a sufficient basis to disqualify the judge due to apprehended bias; and second, whether a stay of the costs orders should be granted pending appeal.

Rees J dismissed the application for disqualification, noting the absence of any evidence or submissions supporting the applicant's assertion of apprehended bias. The application for a stay of the costs orders was also dismissed, with the court finding that the appeal did not have a strong basis and that granting a stay would unfairly deprive the respondent of interest.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Judicial Review

  • Natural Justice

  • Stay of Proceedings

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Cases Citing This Decision

4

Cassell & Kolar (No 6) [2023] FedCFamC1F 764
Cassell & Kolar (No 2) [2022] FedCFamC1F 984
Tsocas & Rilak (No 4) [2022] FedCFamC1F 296
Cases Cited

10

Statutory Material Cited

0

Re JRL; Ex parte CJL [1986] HCA 39
Johnson v Johnson [2000] HCA 48
Johnson v Johnson [2000] HCA 48