Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Webb v GetSwift Limited (No 5) [2019] FCA 1533 File number NSD 580 of 2018
Judge LEE J
Date of judgment: 16 September 2019
Catchwords: COURTS AND JUDGES – principles of apprehended bias in the context of judge hearing a regulatory civil penalty proceeding and a Part IVA class action consecutively PRACTICE AND PROCEDURE – application for vacation of case management orders listing class action for hearing – both proceedings arising out of same underlying factual substratum can be heard by same Judge – whether risk of apprehended bias arises – application dismissed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Corporations Act 2001 (Cth) s 674 Federal Court of Australia Act 1976 (Cth) ss 33ZB, 37P(2)
Cases cited: Australian Securities and Investments Commission v Mining Projects Group Ltd [2007] FCA 1620; (2007) 164 FCR 32 Commonwealth Bank of Australia v Jackson McDonald (a firm) [2014] WASC 301 Fair Work Ombudsman v Hu [2017] FCA 1081 Gestmin SGPS SA v Credit Suisse (UK) Limited [2013] EWHC 3560 (Comm) McKenzie v Cash Converters International Ltd (No 3) [2019] FCA 10 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Perera v GetSwift Limited [2018] FCA 732; (2018) 263 FCR 1
Date of hearing: 16 September 2019
Registry: New South Wales
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