Scott & Munayallan (No. 3)

[2021] FamCA 617

FAMILY COURT OF AUSTRALIA

Scott & Munayallan (No. 3) [2021] FamCA 617

File number(s):

SYC 59 of 2010

Judgment of:

HENDERSON J

Date of judgment:

13 August 2021

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Application for disqualification and adjournment of the proceedings listed for final hearing in September 2021 – Where the husband has ongoing proceedings in the Supreme Court which, when finalised, may impact upon the value of the matrimonial pool – Where the husband alleges apprehension of bias arising out of past decisions – Discussion of relevant principals – Application for disqualification dismissed – Application for adjournment of the final hearing dismissed.   

Cases cited:

Clenae Pty Ltd and Ors v Australia and New Zealand Banking Group [1999] VSCA 35

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Hartnett & Sampson [2008] FamCA 75

Johnson v Johnson (2000) 201 CLR 488

Karadaghian v Big Beat (Australia) Pty Ltd (No 3) [2014] NSWSC 1691

Michel v The Queen [2010] 1 WLR 879

R v Watson; Ex Parte Armstrong (1976) 136 CLR 248

Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128

Number of paragraphs:

39

Date of hearing:

12 August 2021

Place:

Sydney

The Applicant:

Self-Represented Litigant

Solicitor for the Respondent:

Mills Oakley Lawyers

ORDERS

SYC 59 of 2010

BETWEEN:

MR SCOTT

Applicant

AND:

MS MUNAYALLAN

Respondent

ORDER MADE BY:	HENDERSON J
DATE OF ORDER:	13 AUGUST 2021

THE COURT ORDERS THAT:

1.The husband’s application for my disqualification from further hearing these proceedings be dismissed.

2.The husband’s application for an adjournment of the final hearing in this matter be dismissed.

3.The costs of each party of this hearing be reserved to the final hearing.

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 Scott & Munayallan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

HENDERSON J:

1. This is two applications by Mr Scott, the husband in these proceedings, and father. 

2. The first was I disqualify myself from hearing the final property and parenting matter listed for four days on 27 September 2021 and, secondly, I adjourn the proceedings in the Family Court due to continued and ongoing litigation in the Supreme Court, some of which involves Mr Scott, but the consequences of which may have an impact on the value of the matrimonial pool.

3. Mr Scott was self-represented and Ms Warda represented the mother.  The mother resists both applications. 

4. The material I read for Mr Scott was:

   (1)Amended Application in a Case;

   (2)Affidavits of 11 August 2021 and 20 April 2021. Despite requesting he…