Scott & Munayallan (No. 3)

In the matter of *Scott & Munayallan (No. 3)*, Henderson J of the Family Court of Australia considered applications made by the husband. The husband sought both the disqualification of the judge from further hearing the proceedings and an adjournment of the final hearing, which was scheduled for September 2021. The dispute arose in the context of ongoing family law proceedings, where the husband contended that the finalisation of separate Supreme Court proceedings could impact the valuation of the matrimonial pool. Furthermore, the husband alleged an apprehension of bias on the part of the judge, stemming from previous decisions made in the case.

The court was required to determine two principal legal issues: firstly, whether there were grounds to disqualify the judge from continuing to preside over the proceedings due to an alleged apprehension of bias; and secondly, whether an adjournment of the final hearing was warranted, particularly in light of the pending Supreme Court proceedings and their potential impact on the asset pool.

In dismissing the application for disqualification, the court applied established principles concerning apprehended bias, finding that the husband had not demonstrated a sufficient basis for such a concern. Similarly, the application for an adjournment was refused. The court reasoned that the husband had not provided adequate justification for delaying the final hearing, and that the potential impact of the Supreme Court proceedings on the matrimonial pool could be addressed at the final hearing itself. The court ordered that the husband's applications for disqualification and adjournment be dismissed, and that the costs of this particular hearing be reserved to the final determination of the proceedings.