FAMILY LAW ─ APPEAL ─ COURTS AND JUDGES ─ Disqualification ─ Appeal against the refusal of the Federal Magistrate to recuse himself from further hearing the part-heard parenting proceedings ─ Whether the Federal Magistrate erred in failing to find that a fair minded lay observer might reasonably apprehend that his Honour might not bring an impartial mind to the resolution of the questions he was required to decide ─ Where the Federal Magistrate clearly recognised, caution was needed in relation to matters with respect to which the evidence was incomplete and/or remained to be tested, in order to avoid giving rise to a reasonable apprehension of an absence of impartiality in relation to the part-heard trial of the proceedings ─ Where the Court found that the Federal Magistrate carefully, and, successfully avoided saying, or recording, anything in the nature of a pre-emptive or premature finding, conclusion, or intimation ─ Nothing to which this Court was referred established that the Federal Magistrate erred in declining to recuse himself from further hearing the part-heard parenting proceedings ─ Where the cumulative effect of the matters upon which the mother based her appeal did not satisfy either of the requirements which the High Court has consistently held to be applicable to recusal applications ─ Appeal dismissed.
FAMILY LAW ─ APPEAL ─ COURTS AND JUDGES ─ Waiver ─ Challenge to the Federal Magistrate’s conclusion that, even if the mother had made out a case for recusal, his Honour would have declined to do so on the basis that the mother waived her entitlement ─ Where the Court, having regard to the authorities, was not persuaded that the Federal Magistrate erred in concluding, as he did, that the mother had waived any claim that his Honour’s recusal was warranted.
FAMILY LAW ─ APPEAL ─ COSTS ─ Where it was conceded on behalf of the mother that if the appeal was unsuccessful she could not resist an order for costs ─ Where the appeal was unsuccessful ─ Order for costs made in favour of the father with execution of order stayed until determination of the financial proceedings between the parties.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.