Brooks v The Upjohn Company [1998] FCA 929

FEDERAL COURT OF AUSTRALIA COURTS AND JUDGES - PRACTICE AND PROCEDURE - Apprehended bias - Judge refused motion to disqualify herself and ordered moving party to pay costs of that motion - whether order appealable - whether a "judgment" or "order" - hearing of principal application likely to occupy four months - whether leave to appeal should be granted - Judge's son a former partner with solicitors for moving party - those solicitors provided information to relevant body which initiated disciplinary proceedings against the son - whether reasonable apprehension of bias made out. Federal Court of Australia Act 1976 (Cth) ss 4, 24 Maxwell v Keun [1928] 1 KB 645 referred to R v Watson; Ex parte Armstrong (1976) 136 CLR 248 distinguished Barton v Walker [1979] 2 NSWLR 740 distinguished Livesey v New South Wales Bar Association (1982) 151 CLR 288 applied S & M Motor Repairs Pty Ltd v Caltex Oil (Australia) Pty Ltd (1988) 12 NSWLR 358 referred to Vakauta v Kelly (1989) 167 CLR 568 applied Rajski v Wood (1989) 128 NSWLR 512 referred to Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 referred to Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 referred to Gas and Fuel Corporation Superannuation Fund v Saunders (1994) 52 FCR 48 referred to Webb v The Queen (1994) 181 CLR 41 applied Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd (1996) 135 ALR 753 referred to Temsign Pty Ltd v Biscen Pty Ltd (Federal Court of Australia, Full Court, 15 July 1996) referred to Smith v Daleco Pty Ltd (Federal Court of Australia, 22 April 1997) referred to

JODI-ANNE BROOKS v.THE UPJOHN COMPANY, UPJOHN PTY LIMITED

DR MARTIN RICHTER and DR DONALD MAXWELL No. NG 211 of 1993 BEAUMONT, CARR & BRANSON JJ SYDNEY 7 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA