SCOLLAN & ALLAMBY

Case

[2020] FCCA 2398

31 August 2020


Details
AGLC Case Decision Date
Scollan and Allamby [2020] FCCA 2398 [2020] FCCA 2398 31 August 2020

CaseChat Overview and Summary

In the matter of *Scollans & Allamby*, heard before Judge Cole, the father sought to recuse the trial judge, exclude a family report, and refer counsel to the professional conduct board. These applications were made during a voir dire hearing.

The central legal issues before the court were whether the trial judge should be recused due to apprehended bias, whether the family report was admissible, and whether counsel's conduct warranted referral to the professional conduct board.

Judge Cole dismissed the father's application. The court adjourned the proceedings to a future date for a callover and potential trial listing, requiring personal attendance of the parties and properly instructed counsel, or the file principal if counsel were unavailable. The parties were also ordered to provide a case outline, including a summary of argument with a minute of orders sought and a trial plan detailing the estimated length and witnesses.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Johnson v Johnson [2000] HCA 48
Johnson v Johnson [2000] HCA 48