Bienstein v Bienstein

[2003] HCA 7
Judgment date
Case number
M140/2000
Before
McHugh, Kirby, Callinan JJ
Catchwords

Practice and procedure – High Court – Removal of proceedings – Proceedings for adult child maintenance in Family Court – Whether a cause pending in a federal court – Whether matter arises under the Constitution or involves its interpretation.

Practice and procedure – High Court – Appeal from decision of a single Justice – Whether leave to appeal is required – Whether order to refuse removal of proceedings is final or interlocutory.

Courts and judges – Bias – Application for disqualification of a Justice – Whether reasonable apprehension of bias – Justice had practised professionally in city where proceedings originated – No imputed bias.

Judiciary Act 1903 (Cth – ss 34, 40.

Family Law Act 1975 (Cth) – s 118.

Files
7.rtf (37.78 KB)
7.pdf (61.55 KB)