Darwiche v The Queen

FedCFamC1A|2025-06-18|Before: Carter JJ

For the reasons given above, the appeal is allowed. The basis on which the appeal is allowed further requires that it be remitted to the Federal Circuit and Family Court of Australia (Division 2) for rehearing before a judge other than the primary judge.
The parties sought to reserve their position as to costs dependent upon the outcome of the appeal. Directions will be made to permit the parties to make written submissions on this issue and as to the issue of any applicable costs certificate.

I certify that the preceding seventy-five (75) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Deputy Chief Justice McClelland and Justices Gill and Carter.

Circuit and Family Court of Australia (Family Law) Rules 2021

Devries v Australian National Railways Commission (1993) 177 CLR 472; [1993] HCA 78

Mallett v Mallett (1984) 156 CLR 605; [1984] HCA 21

University of Wollongong v Metwally (No 2) (1985) 60 ALR 68; [1985] HCA 28

Wainohu v NSW (2011) 243 CLR 181; [2011] HCA 24

Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9

West v Mead [2003] NSWSC 161

(2021) 64 Fam LR 511

(2023) 67 Fam LR 174

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