Salah and Aharat

In the Family Court of Australia, Mr Salah and Ms Aharat each applied for a certificate under the Federal Proceedings (Costs) Act 1981, seeking authorisation for payment from the Attorney-General. These applications arose from proceedings that had commenced before Judicial Registrar Loughnan, who subsequently disqualified himself, leading to the matter being adjourned. The parties' legal representatives argued that the hearing was discontinued due to the judicial officer's inability to continue.

The central legal issue before the Court was whether to exercise its discretion to grant a certificate under section 10 of the Federal Proceedings (Costs) Act 1981. This section empowers the Court to determine the appropriateness of authorising payment under the Act. The Court considered the nature of the proceedings, which were listed on a busy judicial duty list, and the potential for matters to be adjourned due to time constraints.

Judicial Registrar Johnston, in exercising his discretion, declined to grant the certificates. He reasoned that the circumstances of the proceedings did not warrant the granting of a certificate. The Registrar expressed reluctance to encourage a practice where adjournments due to judicial disqualification might become commonplace in already demanding duty lists, where case management often involves adjournments for lack of hearing time. Consequently, the applications for the certificates were dismissed.