Wilson and Wilson

The appeal in Wilson and Wilson was heard by the Family Court of Australia. The father, the appellant, appealed against the orders made by Federal Magistrate Henderson concerning the property settlement and the mother's application to change the residence of the child to Newcastle. The mother, the respondent, contested the appeal.

The central legal issues in this case were whether the Federal Magistrate's orders were correct and whether the orders regarding the property settlement and the residence of the child should be remitted for rehearing. The court needed to consider whether the orders made by Federal Magistrate Henderson were appropriate and if the proceedings should be remitted due to potential bias.

The court found that there was a possibility of bias on the part of Federal Magistrate Henderson, which warranted the setting aside of the orders in question. Consequently, the appeal was allowed, and the orders in paragraphs 3, 4, 5, 6, 7, 8, 9, 12(d) and 13 made by Federal Magistrate Henderson on 5 April 2012 were set aside. The proceedings in relation to property settlement and the mother's application to change the residence of the child to Newcastle were remitted for rehearing by a Federal Magistrate other than Federal Magistrate Henderson. There was no order as to the costs of the appeal. However, the appellant father, the respondent mother, and the parties were all granted costs certificates pursuant to the Federal Proceedings (Costs) Act 1981 (Cth).