Everyone before the courts is entitled to a fair trial.
Judges are expected to be fair in their demeanour and treat those appearing before the judges with respect.
In one extraordinary case before the family court (Federal Circuit Court), a father and his legal counsel were subject to bullying and demeaning behaviour from one judge.
The case focussed on a parenting and property settlement dispute between a father and mother.
The judge made comments that included “rubbish”, “this is pathetic” and “that’s garbage”.
Not exactly the type of language you would expect from a judge.
The father’s legal counsel even withdrew from proceedings in the hope the judge’s behaviour would improve, but to no avail; the abusive behaviour continued.
Needless to say, the case was appealed.
Upon appeal, the judges found the comments to be below the standard required from judges, going as far as to label the judge “cruel”.
The end result was the ordering of a new trial for the father and mother, at the cost of taxpayers.
How We Can Help
Quinn & Scattini Lawyers’ expert Family & De Facto Law Team can assess your individual situation in accordance with the Act, provide expert guidance in negotiations with your former partner surrounding the fair division of property, offer practical and experienced advice if appearing before the court is unavoidable, and provide you with the best possible representation if court-ordered mediation is required.