Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169

Federal Court of Australia

Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169 Appeal from: Application for leave to appeal: Cockburn v Canberra Institute of Technology [2022] FedCFamC2G 646

File number: ACD 41 of 2022

Judgment of: RANGIAH, CHARLESWORTH AND BANKS-SMITH JJ

Date of judgment: 23 September 2022

Date of publication of reasons: 30 September 2022

Catchwords: PRACTICE AND PROCEDURE - appeal from orders - where primary judge adjourned trial part-heard and made order for appointment of litigation guardian - where terms of appointment included that appellant obliged to identify litigation guardian and notify Court within 28 days on risk that proceeding might be dismissed - where appellant was represented by direct brief counsel at trial - where appellant conducted certain tasks relating to the proceeding himself - whether primary judge erred in application of r 11.07(1)(b) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) that provide for the appointment of a litigation guardian - where primary judge failed to consider appellant's capability to adequately instruct counsel for limited tasks required for completion of trial - appeal allowed in part ADMINISTRATIVE LAW - appeal from orders appointing litigation guardian - application for recusal based on actual and apprehended bias of primary judge - whether a reasonable person might apprehend bias - where allegation of actual bias not supported by any conduct - where a reasonable person would not have apprehended bias - where grounds alleging bias not made out - no basis for recusal of primary judge - where application in the alternative for transfer of matter from Federal Circuit and Family Court of Australia to Federal Court of Australia rested on findings as to bias - application to transfer refused