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Listing Applications in case to be heard at the same time as an interim hearing

 It seems illogical to hear and determine applications in a case at the same time allowed for an interim hearing where the application in case is seeking discharge of a family consultant for apprehended bias….is there a sublimial message here..predetermination ? 
Please re write this into something intelligible. If this is simply a statement that does not need a response then it should move to "Hyde Park". Where is Sisyphus these days?

Do you mean

Does anyone think it is illogical to hear a matter and determine an application in a case at the same time allowed for an interim hearing, where the application in the case is seeking discharge of a family consultant for apprehended bias….

My own view is that it seems a practical thing to do to move matters along. What is "illogical" about hearing a matter and determining in the same hearing even if that hearing is an interim orders hearing. You better have a darn good reason for and much evidence, in attempting to discharge the family consultant who is appointed by the court.

What are the main arguments for apprehended bias. The test for determining whether a judge should disqualify himself or herself or appointed parties by reason of apprehended bias is whether a fair-minded lay observer might reasonably apprehend that the judge or appointed party might not bring an impartial and unprejudiced mind to the resolution of the question the judge or party is required to decide: Johnson v Johnson (2000) 201 CLR 488 at [11], affirmed in Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; see also Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71.

As to suggestions of apprehended bias arising from former association of the judge with legal representatives and litigants, see Bakarich v Commonwealth Bank of Australia [2010] NSWCA 43. These are all commercial cases.

What reasons do you have for requesting a new family consultant. Did you make suggestions as to a replacement?

Do you have a case outline and plan as to what you are seeking longer term? Have you had any legal advice? The members here cannot advise or offer opinion if the matters you describe are always in the past.


Executive Secretary - Shared Parenting Council of Australia
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Where the outcome of an application in case may be such as to cause the interim hearing to be adjourned to a later date(say if the FC is discharged) then by scheduling both court events on the same date you are creating uncertainty and excessive costs.

Everyone has to be prepared for two possible outcomes

.If the AIC is dealt with in advance say a few weeks earlier then there is no uncertainty at interim hearing date. By scheduling a AIC to discharge a fc at the same time as the interim hearing to me on the Johnson test apprehended bias on basis of predetermination of the AIC is arguable.

Is it common practice to schedule application in case hearings on the same bill as the interim hearing?

the arguments for discharge of FC= are a raft of selective inclusions in reporting, a raft of selective omissions in reporting, failure to give opportunity for data imput from father who was the last interviewed then the FC drawing risk of abuse allegations which were never raised in the material by the mother, FC reported father said he was authoritarian when he said he was an authoritative parent, FC reporting all  classic alienation behavioural traits save absence of ambivalence in the child  but not exploring these issues with mother and reporting mothers response etc etc…such that the accumulative deficiencies all portraying the father in negative light would satisfy the Johnson test…..mention these omissions to the outsider and they have no hesitation in concluding bias,mention it to anyone in the culture and the defensive walls rise.
Can i ask the name of the FC ? I have a very Biased FC, FRW and psyci report ... what to do ?
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