Federal Court of Australia
Federal Court of Australia
GetSwift Limited v Webb [2021] FCAFC 26 Appeal from: Webb v GetSwift Limited (No 6) [2020] FCA 1292
File number: NSD 1069 of 2020
Judgment of: MIDDLETON, MCKERRACHER AND JAGOT JJ
Date of judgment: 5 March 2021
Catchwords: COURTS AND JUDICIAL SYSTEM – apprehended bias – where judge hearing a regulatory civil penalty proceeding and a representative proceeding under Pt IVA of the Federal Court Act 1976 (Cth) consecutively – where judge intends to deliver judgment in both proceedings contemporaneously – where there is different and potentially conflicting evidence in the two proceedings – where there is no evidence of prejudgment – whether extraneous information has a subconscious effect on decision-making – whether hypothetical observer considers a judge to have the ability to discard extraneous information – recognition of human frailty by the hypothetical observer PRACTICE AND PROCEDURE – costs – contradictor appointed by the Court without any order for payment of costs – parties proceeding on assumption that contradictor was appearing pro bono
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)
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