Klewer v Dutch [2000] FCA 509

FEDERAL COURT OF AUSTRALIA

Klewer v Dutch [2000] FCA 509

ADMINISTRATIVE LAW – prerogative writs and orders – whether Federal Court has accrued jurisdiction under s 39B of the Judiciary Act 1993 (Cth) to issue writ of certiorari – whether writ of prohibition can be issued to prevent enforcement of decision found to be made with bias – whether remedy of prerogative writs available after conviction entered – conviction by magistrate of offence under s 1347 of the Social Security Act 1991 (Cth) – magistrate had presided in a number of cases in which applicant was a party and had decided them adversely to applicant on issues of credit – whether magistrate should have acceded to request that he disqualify himself for apparent bias where prosecution of applicant involved proof of fraud. Judiciary Act 1903 (Cth) s 39B Social Security Act 1991 (Cth) ss 11(4), 13, 1066-D1, 1347 Livesey v New South Wales Bar Association (1983) 151 CLR 288 considered R v Murray & Cormie (1916) 22 CLR 437 cited Coward v Allen (1983-4) 52 ALR 320 cited Ex parte Malouf; Re Gee (1943) 43 SR(NSW) 195 cited Re Minister for Immigration & Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 followed Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261 cited Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 76 ALR 173 cited New South Wales Aboriginal Land Council v Aboriginal and Torres Strait Islander Commission (1995) 131 ALR 559 referred to

LUCY PATRICIA KLEWER v

JENNY DUTCH AND MICHAEL DORING NG 453 OF 1998 HILL J SYDNEY 28 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 453 OF 1998

BETWEEN: LUCY PATRICIA KLEWER

Applicant

AND: JENNY DUTCH

First Respondent

MICHAEL DORING

Second Respondent