P v Q [No 2]

• 1. Family Law
  2. › Parenting orders
  3. › Exclusion of party from trial
  4. › Power to order proceedings to proceed on undefended basis
  5. › Whether conditions for exercise of power under rules satisfied
  6. › Whether implied power to ensure effective exercise of jurisdiction engaged
  7. › Whether exclusion necessary to ensure attainment of justice
  8. › Family Court Rules 2021 (WA), r 172, r 173
• 1. Family Law
  2. › Practice and Procedure
  3. › Procedural fairness
  4. › Hearing rule
  5. › Exclusion of party from trial
  6. › Whether party denied opportunity to challenge evidence, adduce evidence and make submissions
• 1. Family Law
  2. › Practice and Procedure
  3. › Apprehended bias
  4. › Judicial intervention and intemperate conduct
  5. › Whether manner of conducting proceedings gave rise to reasonable apprehension of bias
  6. › Whether loss of judicial composure might lead fair-minded observer to apprehend judge might not decide on merits
• 1. Family Law
  2. › Practice and Procedure
  3. › Apprehended bias
  4. › Waiver
  5. › Whether party waived right to object on grounds of apprehended bias
  6. › Whether prompt appeal and recusal application negated waiver

Quick Take