SA defended hearing? is this prejudice?

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gunnerzzzz

Well-Known Member
8 March 2020
49
0
121
Hey.

Ive posted previously about an issue I had with orders by consent made from a judicial assessment conference. Most of that is not really relevant to this issue though.

These conferences are with a judge, fast only lasting like an hour. We come to terms at that hearing.

5 days later when the orders came back from the court. Long holidays where wrong based upon discussions and where a big part of my reasons for consenting at the time. What Ive posted previously was only like 25% of what was wrong.

I was ordered by the court to launch an application in a case over this.

The mother responded, and tried playing the awarding of costs card also.

So now come the hearing this morning.... Withing 10 seconds of myself starting to give my verbal submissions the judge stoppped me.

Then proceeded to state disclosures from a judicial assessment conference are confidential and cant be discussed without permission from both parties.

The other side obviously declined, as the orders being wrong are in their favour and this only helps them.

Then I was told to give submissions not including anything discussed in the conference.

So how was I supposed to discuss why orders are wrong coming out of this conference, If I cant discuss the conference and why these agreements where made? Like literally the only thing that came to mind in order to do something about this then would have been to play the prejudice card and argue since I cant actually argue why they are wrong, then the orders should be through out completely. Whisch is something I dont want to do as the child starts school next year and this would throw all that into disarray.

Then when I pointed this out to the judge..... the judge played the " my decisions will be based off the best interests of the child" This was quite rich considering the mother has previously withheld the child and denied all contact and access for close to three months previously. The allegations where also never anything that would imply the child would be hurt by having access to myself. Not once in 5 hearings has the judge ever taking this statement into consideration in regards to that.

Obviously I lose..... and the court has now made orders preparing for arguments over costs potentially being awarded against myself. Also of note..... the judge even stated i'm not entitled to costs being self represented for still having to chase contravention applications dating back 6 months now.
 

gunnerzzzz

Well-Known Member
8 March 2020
49
0
121

This is the link about these assessments.

Just found something on here of note. Advice would be appreciated.

21. No Judge of the Court will hear and determine any matter in which the Judge has acted as Mediator, or where the Judge has become aware of any confidential information pertaining to the dispute between the parties.

Both parties in this case referenced confidential information from this conference in affidavits. The judge even made mention of this. This conference was also discussed at length with the judge at a hearing last month in which I was then ordered to file an application in a case. The judge was aware of confidential information already. This was a defended hearing.

Extreme weight was given to paragraph 19 on confidentiality, essentially putting myself on the spot and no regard was given to paragraph 21.

I have also emailed the attorney general to see if I get any feedback on this matter, but I highly doubt it.
 
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