Event and Time
Event Description
A series of applications were filed before Justice Harper pertaining to family law proceedings involving a child named Y, born in 2013. The events revolve around an application for recusal based on allegations of bias by the father, an adjournment request for the final hearing, and objections to subpoenas issued by the Independent Children’s Lawyer (ICL).
Timeline:
- September 2021: Initial consolidated trial affidavit was due.
- February 2022: Orders were made limiting further affidavits without court leave.
- July 2022: Father files applications for an adjournment and for Justice Harper to recuse himself.
- August 2022: Hearing for these applications takes place.
Application and Claims
- Father's Claims:
- Application for recusal due to alleged bias, claiming: - Actual bias because of the judge's perceived hostility towards him and his advocacy work. - Apprehended bias based on past procedural interactions. - Application for adjournment asserting he needed more time to prepare his evidence.
- Independent Children’s Lawyer's Claims:
- Issued subpoenas to obtain documents from the child’s school and the NSW Police, arguing that the materials are relevant to the case.
Judicial Decisions
- All applications made by the father were dismissed:
- Recusal application was dismissed as Justice Harper found no evidence of actual or apprehended bias. - The adjournment application was not pursued after agreeing to an extension for submitting an updated trial affidavit. - Objections to subpoenas were dismissed; all subpoenas were deemed to have “apparent relevance” to the case.