Luck v Secretary, Department of Human Services [2017] FCA 540

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services [2017] FCA 540 File number(s): VID 1044 of 2016

Judge(s): KERR J

Date of judgment: 18 May 2017

Catchwords: ADMINISTRATIVE LAW – recusal application – apprehension of bias – former President of the Administrative Appeals Tribunal sitting as a member of a Full Court in which the primary judge dismissed an appeal from a decision of the Tribunal – alleged matter arising under Constitution or involving its interpretation – Tribunal members' independence – obligations under s 78B Judiciary Act 1903 (Cth) not engaged

Legislation: Administrative Appeals Act 1975 (Cth) Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) High Court of Australia Act 1979 (Cth) Judiciary Act 1903 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: 1419015 (Practice and Procedure) [2016] AATA 3075 Australian Competition & Consumer Commission v C G Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 Green v Jones [1979] 2 NSWLR 812 Helow v Secretary of State for the Home Department [2008] 1 WLR 2416 Isbester v Knox City Council [2015] HCA 20 Johnson v Johnson (2000) 201 CLR 488 Livesay v New South Wales Bar Association (1983) 151 CLR 288 Luck and Department of Human Services [2010] AATA 6 Luck v Secretary, Department of Human Services (No 4) [2016] FCA 950 Nikolic v MGICA Ltd [1999] FCA 849 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) (2010) 184 FCR 516 Wainohu v New South Wales (2011) 243 CLR 181 Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1 R v S (RD) [1997] 3 SCR 484