Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Bourne [2011] FCA 269 Citation: Kowalski v Bourne [2011] FCA 269
Appeal from: Kowalski v Bourne [2010] FMCA 676 Kowalski v Bourne (No 2) [2010] FMCA 677 Kowalski v Bourne (No 3) [2010] FMCA 678 Kowalski v Bourne (No 4) [2010] FMCA 679
Parties: KAZIMIR KOWALSKI v TIM BOURNE
File number: SAD 117 of 2010
Judge: LOGAN J
Date of judgment: 28 March 2011
Catchwords: HIGH COURT AND FEDERAL COURT – actual bias – reasonable apprehension of bias by reason of prejudgement – where Federal Magistrate had delivered a number of judgments adverse to the appellant – no actual or reasonable apprehension of bias – Federal Magistrate fulfilling necessary judicial functions PRACTICE AND PROCEDURE – summary judgment – where appellant alleged that case was summarily dismissed – where appellant abandoned his case during cross-examination – whether applicant suffered incapacity to render him incapable of conducting a proceeding – whether Federal Magistrate obliged to adjourn proceeding instead of giving judgment – Federal Magistrate not obliged to adjourn proceeding under Federal Magistrates Court Rules 2001 (Cth) – applicant mentally capable
Legislation: Constitution ss 71, 77(i) Federal Court of Australia Act 1976 (Cth) s 31A Federal Magistrates Act 1999 (Cth) ss 15, 17A Trade Practices Act 1974 (Cth) ss 6, 52, 53 Federal Court Rules O 18 r 2 Federal Magistrates Court Rules 2001 (Cth) r 11.08(1), r 11.11, r 3.03B(1), r 13.03B(2), r 13.03B(4), r 13.03C, r 13.03C(1), r 13.03C(2), r 15.31 Fair Trading Act 1987 (SA) ss 56, 57, 58 Legal Practitioners Act 1981 (SA) ss 41, 42
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