Dahler v Australian Capital Territory [2014] FCA 946

FEDERAL COURT OF AUSTRALIA

Dahler v Australian Capital Territory [2014] FCA 946 Citation: Dahler v Australian Capital Territory [2014] FCA 946

Parties: CLINTON DAHLER v AUSTRALIAN CAPITAL TERRITORY and MINISTER FOR DISABILITY, CHILDREN AND YOUNG PEOPLE (ACT)

File number: ACD 76 of 2014

Judge: KATZMANN J

Date of judgment: 2 September 2014

Catchwords: COURTS AND JUDGES – actual and apprehended bias – prejudgment – criticism of counsel expressed by judge of the Federal Circuit Court in a judgment handed down in a different matter – application for leave to appeal from refusal of judge to recuse himself PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decisions of Federal Circuit Court in relation to costs, dismissal of application to add a respondent in circumstances in which the proposed additional respondent had previously been removed, and in striking out numerous paragraphs of the statement of claim – whether decisions attended with sufficient doubt – whether substantial injustice would result if leave were refused

Legislation: Court Procedures Act 2004 (ACT) s 21 Fair Work Act 2009 (Cth) ss 340, 341, 342, 351, 362, 369, 550, 795 Fair Work Amendment Act 2012 (Cth) Sch 10 Pt 1 Fair Work Regulations 2009 (Cth) reg 6.9 and Sch 6.3 item 14 Federal Circuit Court Rules rr 1.05(3), 21.02(1)(d) Federal Circuit Court of Australia Act 1999 (Cth) s 79 Federal Court of Australia Act 1976 (Cth) s 43(1) Federal Court Rules r 16.02 Legal Profession (Barristers) Rules 2008 (ACT) Public Sector Management Act 1994 (ACT) s 12(4) Workplace Relations Act 1996 (Cth) s 4(8) Bernard Cairns, Australian Civil Procedure, 10th edition, LawBook Co, 2014 G E Dal Pont, Lawyers' Professional Responsibility (4th ed) (Lawbook Co.)