Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 265 Citation: Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 265
Appeal from: Kowalski v Military Rehabilitation and Compensation Commission [2009] AATA 38
Parties: KAZIMIR KOWALSKI v CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA
File number: SAD 203 of 2009
Judge: LANDER J
Date of judgment: 16 March 2010
Catchwords: PRACTICE AND PROCEDURE – application to a Judge to recuse himself on the ground of apprehension of bias – whether costs can be awarded to the applicant – no costs order made – cannot make orders after recusing – no determinations were made – costs are compensatory – the unrepresented applicant incurred no costs
Cases cited: Cachia v Hanes (1993) 179 CLR 403 cited Johnson v Johnson (2000) 201 CLR 488 applied Kowalski v Military Rehabilitation and Compensation Commission [2009] AATA 38 referred to Latoudis v Casey (1990) 170 CLR 534 cited
Date of hearing: 16 March 2010
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr A Schatz
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 203 of 2009
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: KAZIMIR KOWALSKI
Applicant
AND: CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA
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