The Liquidator, S Pty Limited and Rand and Ors (No 2)

The proceedings before Justice Cohen of the Family Court of Australia involved an application by the liquidator of S Pty Limited and Rand and Ors (No 2). The Third, Fourth, and Eleventh Respondents sought the disqualification of Justice Cohen from further hearing the matter.

The primary legal issue before the court was whether Justice Cohen should disqualify himself from the proceedings. Ancillary to this, the court was to consider applications by the Third, Fourth, and Eleventh Respondents for a transfer of the proceedings, security for costs, and a challenge to the jurisdiction of the Family Court.

Justice Cohen dismissed the oral application for his disqualification. The court reasoned that the grounds for disqualification were not made out. The remaining applications by the Third, Fourth, and Eleventh Respondents, along with an application by Mr Weston, were adjourned to 5 July 2010. The court also vacated previously scheduled hearing dates and suspended the document filing timetable pending further order, with costs reserved.