Ritson v Commissioner of Police, New South Wales Police Force [2019] FCA 475

FEDERAL COURT OF AUSTRALIA

Ritson v Commissioner of Police, New South Wales Police Force [2019] FCA 475 Appeal from: Ritson v Commissioner of Police, New South Wales Police Force [2018] FCCA 916

File number: NSD 773 of 2018

Judge: LEE J

Date of judgment: 1 April 2019

Catchwords: PRACTICE AND PROCEDURE – application for disqualification of judge on the basis of apprehended bias – whether fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the questions – application dismissed PRACTICE AND PROCEDURE – application to adjourn proceedings on basis of extant legal aid appeal – observations on question as to whether s 79 of the Judiciary Act 1903 (Cth) operates to "pick up" s 57 of the Legal Aid Commission Act 1979 (NSW) – whether insertion of Pt VB of the Federal Court of Australia Act 1976 (Cth) affects conclusion as to whether state provision "picked up" as surrogate federal law

Legislation: Federal Court of Australia Act 1976 (Cth) Part VB, s 37M Judiciary Act 1903 (Cth) s 79 Legal Aid Commission Act 1979 (NSW) s 57 Legal Profession Act 2004 (NSW)

Cases cited: Dahler v Australian Capital Territory [2015] FCA 1303 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Limited [2012] FCA 347 Rizeq v The State of Western Australia [2017] HCA 23; (2017) 262 CLR 1 Wilson v Alexander [2003] FCAFC 272; (2003) 135 FCR 273 Kassem v Koutavas [2012] NSWSC 236 Penson v Titan National Pty Limited (No 2) [2015] NSWCA 120 Weber v Aquaqueen International Pty Ltd [2013] NSWSC 1181