Ogawa (formerly Ms PD) v President of the Australian Human Rights Commission (Leave to Appeal) [2022] FCAFC 161

Federal Court of Australia Ogawa (formerly Ms PD) v President of the Australian Human Rights Commission (Leave to Appeal) [2022] FCAFC 161 Appeal from: PD v President, Australian Human Rights Commission (No 2) [2021] FCA 851 Ms PD v Registrar of the Federal Court of Australia (No 2) [2021] FCA 1665

File number(s): QUD 352 of 2021 QUD 385 of 2021

Judgment of: RARES, PERRY AND HESPE JJ

Date of judgment: 23 August 2022

Catchwords: ADMINISTRATIVE LAW – apprehension of bias – application for primary judge to recuse himself – where primary judge involved in three previous proceedings to which applicant was a party – where primary judge had previously found in applicant's favour – whether fair-minded lay observer might reasonably apprehend that primary judge might determine case other than on its legal and factual merits – Held: application for leave to appeal dismissed PRACTICE AND PROCEDURE – costs – where primary judge found that Registrar erred in rejecting for filing application for extension of time – where Registrar filed submitting appearance in proceeding brought against registry officer to challenge that decision – whether primary judge erred by failing to order Registrar to pay self-represented applicant's out-of-pocket expenses – Held: application for leave to appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF and 37AG Federal Proceedings (Costs) Act 1981 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011