Luck v Secretary, Department of Human Services (No 3) [2016] FCA 100

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services (No 3) [2016] FCA 100 Appeal from: Luck v Department of Human Services [2010] AATA 6; Re Luck and Department of Human Services (2010) 51 AAR 265

File number: VID 65 of 2010

Judge: BROMBERG J

Date of judgment: 16 February 2016

Catchwords: PRACTICE AND PROCEDURE – application by applicant for recusal based on apprehension of bias – application based on pre-judgment by reason of earlier involvement by judge in another matter concerning the applicant – whether a fair-minded lay observer might apprehend that the judge might not bring an impartial mind to resolution of the proceeding – whether observer might apprehend pre-judgment of issues arising in proceeding – whether observer might apprehend bias arising out of inclusion in earlier judgment of applicant's personal information – application dismissed PRACTICE AND PROCEDURE – application for stay of proceeding pending removal application under s 40 Judiciary Act 1903 (Cth), and pending applications for special leave to appeal in the High Court – consideration of relevant factors –stay not granted

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Disability Discrimination Act 1992 (Cth) ss 5, 6 Federal Court of Australia Act 1976 (Cth) s 37M Freedom of Information Act 1982 (Cth) Judiciary Act 1903 (Cth) s 40

Cases cited: Australian Agricultural Company v Federated Engine-Drivers and Firemen's Association of Australasia (1913) 17 CLR 261 Bienstein v Bienstein (2003) 195 ALR 225 Birdon Pty Ltd v Houben Marine Pty Ltd [2011] FCA 1217 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Favelle Mort Limited v Murray (1976) 133 CLR 580 Isbester v Knox City Council (2015) 89 ALJR 609 Lipohar v the Queen (1999) 200 CLR 485 Luck v Chief Executive Officer of Centrelink (No 2) [2015] FCAFC 112 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Luck v Department of Human Services [2010] AATA 6 Luck v Federal Court of Australia [2011] HCATrans 290 Luck v Secretary, Department of Human Services (No 2) [2014] FCA 798 Luck v Secretary, Department of Human Services [2015] FCAFC 111 Luck v University of Southern Queensland (No 3) [2010] FCA 1402 Luck v University of Southern Queensland (No 4) [2011] FCA 433 Luck v University of Southern Queensland [2011] FCA 1335 Luck v University of Southern Queensland (2014) 145 ALD 1 Luck v University of Southern Queensland [2015] FCA 286 Luck v University of Southern Queensland [2015] HCASL 136 Luck v University of Southern Queensland [2015] HCATrans 125 Re Stubberfield's Application (1996) 70 ALJR 646 ResMed Ltd v Australian Manufacturing Workers' Union (2015) 232 FCR 152 Wurridjal v the Commonwealth of Australia (2009) 237 CLR 309