Underwood and Price (No.2)

[2008] FMCAfam 339

FEDERAL MAGISTRATES COURT OF AUSTRALIA

UNDERWOOD & PRICE (No.2) [2008] FMCAfam 339

FAMILY LAW – Apprehended bias – no reasonable basis to apprehend – not stand aside.

Applicant: MR UNDERWOOD

Respondent: MS PRICE

File Number: MLC 13425 of 2007

Judgment of: Turner FM

Hearing date: 11 April 2008

Date of Last Submission: 11 April 2008

Delivered at: Melbourne

Delivered on: 11 April 2008

REPRESENTATION

Counsel for the Applicant: Mr Brown SC with Mr Dixon

Solicitors for the Applicant: Glezer Lanteri & Associates

Counsel for the Respondent: Mr Magee QC with Ms Molyneux QC

Solicitors for the Respondent: Maria Barbayannis & Co

ORDERS

1. My decision is that I will not stand aside.

IT IS NOTED that publication of this judgment under the pseudonym Underwood & Price is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES

COURT OF AUSTRALIA AT MELBOURNE

MLC 13425 of 2007

MR UNDERWOOD

Applicant

And

MS PRICE

Respondent

REASONS FOR JUDGMENT

(Revised from Transcript)

1. I have given this matter detailed consideration.  My decision is there is no basis for a reasonable apprehension of bias. 

2. I disclosed at the beginning of the case that I knew both parties because I considered it proper to do so.  I did not make that disclosure because I felt there was a possibility of anyone apprehending bias. 

3. I made a ruling at the beginning of the case that I would not stand aside, and do not consider anything has changed since that time to change that ruling.

4. My reasons for not standing aside are as follows.  My contact with both parties is that:

   ·I studied law with the husband.  He was one person in, at the beginning of the course, of 100 students, that reduced to about 20 in the last year.  I have never had a detailed discussion with the husband more than just to say hello in passing.

   ·I was in chambers near the wife for I think about three years.  From recollection, we never said more than hello or goodbye to each other.

   ·Both parties appear in this Court. 

   ·They have never been before me until this matter. 

   ·I have never been opposed to either of them in litigation. 

   ·I have had no social contact with either of them. 

   ·I have had no business dealings with either of them. 

   ·I have not been on the same list of barristers as either of them. 

   ·I have never had a meal with either of them. 

   ·I have never even had a coffee with either of them. 

   ·At most, we were all at the Victorian Bar at overlapping times. 

5. I find there is no basis on which a reasonable person could apprehend that I would be biased towards either of them.  Therefore, my decision is to not stand aside.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Turner FM

Associate:  E. Wilson-Kwong

Date:  11 April 2008