Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hurst & Devlin v State of Queensland [2004] FCA 427
PRACTICE AND PROCEDURE – reasonable apprehension of bias – Judge's social friendship with a public advocate of a particular method of Deaf education – additional factors disclosing direct involvement between public advocate and applicant – whether Judge ought recuse himself
Disability Discrimination Act 1992 (Cth)
Regina v Bow Street Metropolitan Stipendiary Magistrate and Others, Ex parte Pinochet Ugarte (No. 2) (2000) 1 AC 119 considered Bienstein v Bienstein (2003) 195ALR 225 referred to S & M Motor Repairs Pty Ltd and Others v Caltex Oil (Australia) Pty Ltd and Another (1988) 12 NSWLR 358 referred to R v Mr Justice R.S. Watson, a Judge of the Family Court of Australia, Ex parte Armstrong (1976) 9 ALR 551 referred to R v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256; [1923] All ER Rep 233 referred to Re Media, Entertainment and Arts Alliance, Ex parte Hoyts Corporation Pty Ltd (1994) 119 ALR 206 considered TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH) v STATE OF QUEENSLAND and BENJAMIN DEVLIN (BY HIS NEXT FRIEND, KIM DEVLIN) v STATE OF QUEENSLAND No Q 200 of 2002 No Q 201 of 2002 SPENDER J BRISBANE 31 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 200 OF 2002
BETWEEN: TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH)
APPLICANT
AND: STATE OF QUEENSLAND
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 31 MARCH 2004
WHERE MADE: BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 201 OF 2002
BETWEEN: BENJAMIN DEVLIN (BY HIS NEXT FRIEND, KIM DEVLIN)
APPLICANT
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