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Justice Fowler... has anyone experienced this gent before?

Hi All,

It seems that my Final Hearing in August 2008 has been vacated by Moore J.

My matter has been listed before Fowler J.

I have not sat in on any of his hearings.

Does anyone have any information or experience dealing with Fowler J?

4MYDAUGHTER
Fowler J is newto the bench. A matter on his list was transferred to the list of another judge suggestably due to the complexity of the matter. It could be considered that he has L-plates.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
My advice is beware the L-Platers. I have had two and they both were appalling in different ways.

The first was was keen and decisive - tended not follow rules or allow for natural justice. This was a concern as it was an interim custody hearing. The decisiveness meant his natural prejudices came into play very quickly.

The other was just all over the place and not up to the task - so I should have led him through the process and the law a lot more.

So it varies how they will behave - they could be over administrative or too keen or not process focussed enough.

On related threads there have been hints (not formal directions) about what to do when a judge or magistrate speaks - i.e. 'suggests' something. Sometimes they will do this to expose their thinking or give you clues on where to go with the case. More experienced judges tend to do this better. If you get any of those hints from a new judge - make sure you have enough time to evaluate the legal consequences of the suggestion before you 'follow' it.

 Maybe I am not explaining myself well enough
4mydaughter said
Hi All,

It seems that my Final Hearing in August 2008 has been vacated by Moore J.

My matter has been listed before Fowler J.

I have not sat in on any of his hearings.

Does anyone have any information or experience dealing with Fowler J?
 
I have found the following judgment from Fowler J as a very interesting read.

Lacking the benefit of sitting in Court in front of him, it may provide the best insight into his respective thoughts on aspects of the law as it applies to family law.

http://www.austlii.edu.au/au/cases/cth/FamCA/2008/160.html
The case mentioned was the case wherein I observed Fowler J. It went for two days. I had conversations with the legal representatives which suggested they gave little or no chance to the mother in the beginning. What I read is a social bias against those on Social Security. He failed to mention the negatives that could arise from the children moving into a community in which the actions of the father demonstated that they would be less safe. The step-mother was as a witness a negative for the husband and interestingly got little mention in the judgement. The judgement appears to suggest that the judge is capable of rewarding those who act inthe best interests of the children. Also that he was acutely critical of a parent imposing psychological abuse on a child.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
verdad said
The case mentioned was the case wherein I observed Fowler J. It went for two days. I had conversations with the legal representatives which suggested they gave little or no chance to the mother in the beginning. What I read is a social bias against those on Social Security. He failed to mention the negatives that could arise from the children moving into a community in which the actions of the father demonstated that they would be less safe. The step-mother was as a witness a negative for the husband and interestingly got little mention in the judgement. The judgement appears to suggest that the judge is capable of rewarding those who act inthe best interests of the children. Also that he was acutely critical of a parent imposing psychological abuse on a child.
 
Hi Verdad,

Could you please elaborate a little on the apportionment of this bias.

(a) Was it the Mother's legal representative, or alternatively the Father's legal representative?

(b) Was the opinion that was expressed referring to the expected chances, made prior to the parties fronting the judge, or after the lawyers had sensed the Judges thinking once the trial had begun?

© Are you suggesting that the Judge also displayed bias independently, or in concert with the legal reps?

Further, did the legal reps give any fundamental reasons for why they thought the Mother's case had little chance of success?

Thanks
Isys said
Was it the Mother's legal representative, or alternatively the Father's legal representative?
No, the bias was inherent in the case of the mother and it's reliance upon hope rather than facts.

Isys said
Was the opinion that was expressed referring to the expected chances, made prior to the parties fronting the judge, or after the lawyers had sensed the Judges thinking once the trial had begun?
There appeared to be a common understanding based on the facts of the matter that the mother's case was weak. Namely the wish of the daughter to relocate to the father. Perhaps to ecape the discipline of the mother and in a hope that the father would be more accommodating to her.

Isys said
Are you suggesting that the Judge also displayed bias independently, or in concert with the legal reps?
 There was no transmission of bias from any party to the judge.  The mindsets of legal representatives based upon the papers was a catalyst in their opinions, independent, then collectively as the evidence was presented. The bias I perceive with the judge was associated with his own social values. The influence of a judges social values upon the objectivity required of him is his challenge.

Isys said
 … did the legal reps give any fundamental reasons for why they thought the Mother's case had little chance of success?
The capacity of the mother to understand the case was challenging to her. The wishes of the daughter and the Family report were not helpful to her case. Precedents are like frameworks which induce form upon which judgements are handed down

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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