Maluka v Maluka [2011] FamCAFC 72

Facts: In a family law case, the trial judge (TJ) made parenting orders against father on the basis of evidence of violence by father towards family members and literature on family violence evidencing the likelihood of continuing violence. TJ said that the literature “adds to my general knowledge” and was “limited to merely categorising family violence typology…coercive intimate…reactive violence”. The father appealed, arguing there was a lack of procedural fairness. The TJ did not disclose the matters of common knowledge and the manner in which he was using the material (i.e. this transparent reasoning was missing).

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