Saller and Danell (No 3)

In the matter of *Saller and Danell (No 3)*, McClelland J of the Family Court of Australia considered applications by the wife concerning property orders previously made. The wife sought an adjournment of proceedings and an extension of time to file an application to vary the final orders, pursuant to rule 11.03 of the *Family Law Rules 2004* (Cth). The husband’s compliance with the existing final orders was also a point of contention, and the wife sought the recusal of the judge.

The central legal issues before the Court were whether the wife should be granted an extension of time to file her application to vary the final property orders, and whether the judge should recuse himself from further hearing the matter. The Court also had to consider the wife's intention to cross-examine the husband at a future hearing and the parties' agreement that Johnston J should not be allocated to the matter.

McClelland J determined that the proceedings should be referred to the Judicial Services Team Leader for allocation to a different judge. His Honour directed the wife to file and serve any necessary applications and supporting affidavits within 14 days, and the husband to file and serve his response and supporting affidavits within 28 days thereafter. Crucially, McClelland J recused himself from further involvement in the case. The costs of the hearing were reserved.