Sachar & Kalita (No. 2)

FAMILY COURT OF AUSTRALIA

Sachar & Kalita (No. 2) [2021] FamCA 537

File number(s):	MLC 5428 of 2018
Judgment of:	GILL J
Date of judgment:	22 July 2021
Catchwords:	FAMILY LAW – JUDGES AND COURTS – BIAS – application for recusal – alleged judicial misbehaviour arising from asserted refusal in relation to certain requests – whether inquiry relating to ongoing need for interpreter gives rise to reasonable apprehension of bias – application for recusal dismissed – whether interpreter is required on an ongoing basis – interpreter not required until further order.
Number of paragraphs:	20
Date of hearing:	22 July 2021
Place:	Canberra
Solicitor for the Applicant:	Legal Aid ACT
Solicitor for the First Respondent:	Self-representing
Solicitor for the Second Respondent:	No appearance by or on behalf of

ORDERS

MLC 5428 of 2018

BETWEEN:

MS KALITA

Applicant

AND:

MR SACHAR

First Respondent

MR B SACHAR

Second Respondent

ORDER MADE BY:	GILL J
DATE OF ORDER:	22 JULY 2021

THE COURT ORDERS THAT:

1.Mr Sachar's application that I recuse myself is dismissed.

2.No V language interpreter will be made available for Mr Sachar, until further order of the court.

3.Should Mr Sachar seek the provision of a V language interpreter then he may, by an Application in a Case supported by appropriate evidence, seek the provision of such provided such Application is made within 28 days of today's date.

4.These matters are listed for further directions, and for the hearing of Mr Sachar's Application in a Case filed 16 July 2020, to 10 am on 9 September 2021.

5.Subject to any further directions of the court or subject to an Application being made by a party, such hearing and directions in the matter are an in person appearance.

6.The parties are each to file and serve any further evidence that they seek to rely upon in the financial dispute between them by 4 pm on 8 September 2021.

7.I direct that transcript be taken out of today's proceedings. 

8.In the hearing of the matter on 9 September 2021 the parties are placed on notice that an Application in respect of Mr Sachar being a vexatious litigant may be made by the wife and the Application in a Case may be dealt with summarily.

9.I reserve the wife's costs of today. 

10.I reserve the husband's costs of today. 

11.I direct that the Registry make available to Mr Sachar a single physical copy of any order made by the Court following the making of such order for the purpose of Mr Sachar collecting it from the Registry.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sachar…