XYZ Pty Ltd and Anor & Charisteas & Ors; ABC Pty Ltd & Charisteas and Ors

In the matter of XYZ Pty Ltd and Anor v Charisteas & Ors and ABC Pty Ltd & Charisteas and Ors, the parties were involved in a dispute concerning family law matters. The appeals and cross-appeals were directed at various interlocutory orders made by the primary judge in the Family Court. The appellants contested the dismissal of their application for the primary judge's recusal on the basis of apprehended bias, as well as the interim injunctions imposed on third parties who were not parties to the proceedings. The respondents, in turn, cross-appealed against certain orders made in their favour.

The central legal issues before the court included whether the primary judge erred in finding that there was no apprehended bias and whether the third parties were afforded procedural fairness when interim injunctions were made against them without their participation in the proceedings. The court had to determine whether the third parties were provided with adequate notice and an opportunity to be heard, as required by principles of natural justice.

The Full Court dismissed the appeal against the recusal application, affirming the primary judge's finding that the fictional bystander would not apprehend bias. However, the Full Court allowed the appeal as to the interim injunctions in part. The court found that the third parties were not parties to the proceedings and were not given proper notice of the application for the injunctions, thus breaching the principles of procedural fairness. Consequently, the Full Court set aside the interim injunctions against the third parties and directed that if the adult children wished to pursue their application for orders, they must file written submissions within a specified timeframe. Failure to comply would result in the dismissal of their application.

In addition, the application for leave to appeal was largely unsuccessful, and an application to adduce further evidence was granted by consent. Costs were ordered in favour of the respondent and apportioned among the various parties, reflecting the largely or wholly unsuccessful nature of the appeals and cross-appeal.