Rangel & Bird [2026] FedCFamC1A 9 (12 January 2026)

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Rangel & Bird has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. By Application in an Appeal filed 19 December 2025, the applicant seeks to review a decision of a senior appeal judicial registrar made 12 December 2025, refusing to accept for filing a Notice of Appeal against interim orders made by a judge of the Federal Circuit and Family Court of Australia (Division 2).

1. The proceedings before the primary judge relate to the parties' two children. The final hearing of the parties' competing applications was listed for three days to commence on 7 October 2025.
2. On the second day of the hearing, the applicant made an oral application that the primary judge recuse herself. The application was heard that day and, on 9 October 2025, the primary judge made orders refusing the application. The orders reveal that reasons for the recusal would be delivered in due course and included procedural orders for the parties to file written submissions to complete the hearing with judgement to be reserved.
3. Ex tempore reasons for the recusal were delivered on 13 October 2025 and published on 18 November 2025.
4. Final reasons for judgment on the parenting applications have not yet been delivered.
5. The applicant's solicitors' affidavit records that on 7 November 2025, a Notice of Appeal was rejected for filing as it was not in the approved form as prescribed by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) ("the Rules"). On 10 November 2025, the National Appeals Registry advised that the Notice of Appeal could not be accepted for filing as it was lodged out of time.
6. On 14 November 2025, an Application in an Appeal was filed seeking an extension of time in which to appeal. On 25 November 2025, the appeal judicial registrar made orders dismissing the application for an extension of time. The orders made that day included the following Notations:
   1. Subrule 13.03(2)(b) provides that the time to appeal orders made at trial dismissing an application for recusal is within 28 days after the final orders are made.

B. The application for extension of time to appeal has no utility.

1. On 11 December 2025, a Notice of Appeal was filed albeit in a new appeal suit. On 12 December 2025, a senior appeal judicial registrar rejected for filing the Notice of Appeal.
2. On 19 December 2025, the applicant sought to review the senior appeal judicial registrar's decision.

1. An application for review proceeds as a de novo hearing.
2. The draft Notice of Appeal records the applicant seeks to appeal only Order 1 of the orders made by the primary judge on 9 October 2025, being the order refusing the application for recusal.
3. Relevantly, for the purposes of disposition of this application, are the provisions of s 26 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) ("the FCFCOA Act") and the Rules. In that respect, s 26 of the FCFCOA Act provides that the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to hear and determine an appeal from a judgment or decision of a judge rejecting an application that the judge disqualify herself from further hearing a matter (s 26(1)(h) of the FCFCOA Act).
4. However, r 13.03(2)(b) relevantly provides, in relation to such an appeal, the following:

(2) Despite subrule (1), a Notice of Appeal in respect of an appeal from a judgment or decision referred to in paragraph 26(1)(h) of the Federal Circuit and Family Court Act must be filed:

...

(b) if the judgment or decision appealed from was made at trial - within 28 days after the final orders were made.

1. Rule 13.03(2)(b), in clear and unambiguous terms, provides that any appeal from a judgment or decision made during a trial "must" be filed within 28 days "after" the final orders have been made. The operative words in the Rule are clear. It directs attention as to when the appeal must be filed, drawing the distinction between applications for recusal at an interlocutory stage of the proceedings and those made when the final hearing has commenced. The Rule exists for sound and pragmatic reasons avoiding the potential for multiple appeals arising out of the final hearing by ensuing there is only one appeal.
2. The subject decision "was made at trial". Consistent with the Rules, the right to appeal from the order does not arise until after the final order has been made.
3. As final orders have not been made, there is yet no right to appeal. The applicant loses nothing by the dismissal of the application. If upon the delivery of the final judgment, the applicant is dissatisfied with the orders, her rights of appeal can address the primary judge's refusal to recuse herself.
4. The Application in an Appeal will be dismissed.

I certify that the preceding seventeen (17) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Schonell.