Mongan v Woodward [2003] FCA 66

FEDERAL COURT OF AUSTRALIA

Mongan v Woodward [2003] FCA 66 ADMINISTRATIVE LAW – reasonable apprehension of bias – public service disciplinary procedure – superior officer expressing definite view on appropriate sanction to impose on offender for breach of APS Code of Conduct – more junior officer responsible for making relevant decision – whether relationship of influence existed. Public Service Act 1999 (Cth), s 13, s 15(1), s 78(7) Livesey v New South Wales Bar Association (1983) 151 CLR 288 at 293-294 applied Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 at 345 referred to Webb v The Queen (1994) 181 CLR 41 at 74 referred to Phillips v Secretary, Department of Immigration and Ethnic Affairs (1994) 48 FCR 57 referred to EDWIN GRANT MONGAN v LIONEL BARRIE WOODWARD, ANNWYN GODWIN A5 of 2003 FINN J 12 FEBRUARY 2003 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A5 OF 2003

BETWEEN: EDWIN GRANT MONGAN

APPLICANT

AND: LIONEL BARRIE WOODWARD

FIRST RESPONDENT

ANNWYN GODWIN

SECOND RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 12 FEBRUARY 2003

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. Upon the second applicant undertaking not to participate further in the matter of the decision notified by the applicant on 17 January 2003, the application be dismissed. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A5 OF 2003

BETWEEN: EDWIN GRANT MONGAN

APPLICANT

AND: LIONEL BARRIE WOODWARD

FIRST RESPONDENT

ANNWYN GODWIN

SECOND RESPONDENT

JUDGE: FINN J

DATE: 12 FEBRUARY 2003