FAMILY COURT OF AUSTRALIA
| SCVG & KLD AND ANOR (NO. 2) | [2016] FamCAFC 99 |
| FAMILY LAW – APPEAL – DISQUALIFICATION – Where the applicant made an oral application that one of the members of the Full Court be recused from hearing the appeal – Where the applicant alleges apprehended bias because the judge had previously formed part of the Full Court bench which dismissed an earlier appeal – Where the test for apprehended bias is not made out – Application dismissed. |
| Family Law Act 1975 (Cth) |
| Bakarich v Commonwealth Bank of Australia [2010] NSWCA 43 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 SCVG & KLD (2014) FLC 93-582 Strahan & Strahan(Disqualification) (2009) FLC 93-414 Vakauta v Kelly (1989) 167 CLR 568 |
| APPLICANT: | Mr SCVG |
| FIRST RESPONDENT: | Ms KLD |
| SECOND RESPONDENT: | Child Support Registrar |
| FILE NUMBER: | SYC | 2044 | of | 2013 |
| FIRST APPEAL NUMBER: | EA | 75 | of | 2015 |
| SECOND APPEAL NUMBER: | EA | 156 | of | 2015 |
| THIRD APPEAL NUMBER: | EA | 51 | of | 2016 |
| DATE DELIVERED: | 27 May 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ryan J |
| HEARING DATE: | 27 May 2016 |
| LOWER COURT JURISDICTIONS: | Federal Circuit Court of Australia; Family Court of Australia |
| LOWER COURT JUDGMENT DATES: | 30 April 2015; 20 August 2015; |
| LOWER COURT MNC: | [2015] FCCA 1073; [2015] FamCA 687; [2016] FamCA 302 |
REPRESENTATION
| FOR THE APPLICANT: | Mr SCVG in Person |
| COUNSEL FOR THE FIRST RESPONDENT: | Ms Tonkin |
| SOLICITOR FOR THE FIRST RESPONDENT: | Macphillamy’s Solicitors |
| COUNSEL FOR THE SECOND RESPONDENT: | Mr Kaplan |
| SOLICITOR FOR THE SECOND RESPONDENT: | Sparke Helmore Lawyers |
Orders
The application made by the Applicant father on 27 May 2016 that Ryan J disqualify herself from these proceedings be dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym SCVG & KLD and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 75 of 2015; EA 156 of 2015; EA 51 of 2016
File Number: SYC 2044 of 2013
| Mr SCVG |
Applicant
And
| Ms KLD |
First Respondent
And
| Child Support Registrar |
Second Respondent
EX TEMPORE REASONS FOR JUDGMENT
This is an application by Mr SCVG (“the applicant”) that I recuse myself from these proceedings on the basis of apprehended bias. The proceedings comprise appeals EA 75 of 2015 and EA 156 of 2015. Also listed for hearing are numerous Applications in an Appeal filed in these appeals and in EA 51 of 2016 which is, in fact, an application for leave to file another appeal.
This application was made orally and about two hours into the appeal hearing. Having heard the argument in support of the application, it was dismissed. I said I would give my reasons for doing so after lunch. These are the reasons.
To give these appeals context, it needs to be understood that the applicant and Ms KLD,…
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- Case
- [2016] FamCAFC 99
- Decision Date
CaseChat Overview and Summary
The court examined the application for disqualification, considering the principles of judicial impartiality and the potential for bias. The court noted that disqualification is an extreme remedy and is only warranted in cases of actual bias or where there is a real likelihood of bias. The court assessed the evidence and arguments presented by SCVG, concluding that there was no actual bias or a real danger of bias on the part of Ryan J. The court found that the application was without merit and did not meet the threshold for disqualification.
Consequently, the court dismissed SCVG's application to disqualify Ryan J from the proceedings. The court held that there were no grounds to remove Ryan J from the case and that she should continue to preside over the matter. The decision emphasised the importance of judicial impartiality and the need for strict standards to be met before disqualifying a judge.
Orders
Orders of the court
1.
The application made by the Applicant father on 27 May 2016 that Ryan J disqualify herself from these proceedings be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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