Charisteas v CharisteasCitation:[2021] HCA 29Before:Kiefel CJ, Gageler, Keane, Gordon, Gleeson JJDate:06 Oct 2021Case Number:P6/2021Read more

Charisteas v CharisteasCitation:[2021] HCA 29Before:Kiefel CJ, Gageler, Keane, Gordon, Gleeson JJDate:06 Oct 2021Case Number:P6/2021Read more

Undisclosed private communications between a party's counsel and the trial judge during proceedings can give rise to a reasonable apprehension of bias, warranting the setting aside of the orders made.

Parties
Applicant: Husband; Respondent: Wife
Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Family Law Property Settlement / Appeal Judgment
Outcome
Orders set aside due to apprehended bias
Legal Topics
Property Settlement, Apprehended Bias, Judicial Impartiality
Family Law Judicial Conduct Property Settlement Apprehended Bias Judicial Impartiality

Case Brief

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Parties

Husband

Applicant

Wife

Respondent

Procedural Posture

Family Law Property Settlement / Appeal Judgment

Legal Issues

  1. 1 Whether private communications between wife's barrister and trial judge gave rise to apprehended bias
  2. 2 Whether Family Court retained power to make orders for settlement of property after early vesting orders set aside

Ratio Decidendi

Undisclosed private communications between a party's counsel and the trial judge during proceedings can give rise to a reasonable apprehension of bias, warranting the setting aside of the orders made.

Court Disposition

Orders set aside due to apprehended bias

Orders

  • The property settlement orders made by the trial judge are set aside.
  • The matter is remitted for rehearing before a different judge.