Stephens and Stephens (No 2)
Case
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[2010] FamCA 553
•21 June 2010
Details
AGLC
Case
Decision Date
Stephens and Stephens (No 2) [2010] FamCA 553
[2010] FamCA 553
21 June 2010
CaseChat Overview and Summary
In *Stephens and Stephens (No 2)*, the husband applied to Strickland J for the disqualification of the judge on the grounds of actual bias or a reasonable apprehension of bias. This application followed a previous, unsuccessful application by the husband seeking the same relief.
The primary legal issue before the court was whether the husband had established actual bias or a reasonable apprehension of bias on the part of the judge. A secondary issue concerned the husband's entitlement to an extension of time to file written submissions regarding outstanding costs issues.
Strickland J reasoned that the husband's current application for disqualification raised no new grounds or evidence not previously considered and dismissed. Consequently, the application was summarily dismissed. The judge also granted the husband an extension of time to file his written submissions concerning the costs issues.
The court ordered the dismissal of specific paragraphs of the husband's application filed on 26 May 2010, removed that application from the active pending cases list, and reserved the wife's oral application for costs. Directions were given for the filing of written submissions in relation to the reserved costs application.
The primary legal issue before the court was whether the husband had established actual bias or a reasonable apprehension of bias on the part of the judge. A secondary issue concerned the husband's entitlement to an extension of time to file written submissions regarding outstanding costs issues.
Strickland J reasoned that the husband's current application for disqualification raised no new grounds or evidence not previously considered and dismissed. Consequently, the application was summarily dismissed. The judge also granted the husband an extension of time to file his written submissions concerning the costs issues.
The court ordered the dismissal of specific paragraphs of the husband's application filed on 26 May 2010, removed that application from the active pending cases list, and reserved the wife's oral application for costs. Directions were given for the filing of written submissions in relation to the reserved costs application.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Judicial Review
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Costs
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Res Judicata
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Abuse of Process
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Procedural Fairness
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