Luck v Secretary, Department of Human Services (No 4) [2019] FCA 2071

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services (No 4) [2019] FCA 2071 Appeal from: Luck v Secretary, Department of Human Services (No 4) [2016] FCA 950

File number(s): VID 1044 of 2016

Judge(s): ANDERSON J

Date of judgment: 6 December 2019

Date of publication of reasons: 9 December 2019

Catchwords: PRACTICE AND PROCEDURE – application for recusal – allegation of apprehended bias – where judge declined to make orders sought at case management hearing – where correspondence from judge's chambers referred to medical diagnoses and financial hardship of party – where judge had previously decided certain forms of cases – where newspaper article referred to concerns about transparency of judicial appointments – whether a fair-minded lay observer might reasonably apprehend bias Held: application dismissed – fair-minded lay observer would not reasonably apprehend bias

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Bankruptcy Act 1966 (Cth) s 60(4)(a) Federal Court of Australia Act 1976 (Cth) s 6(1)(a) Freedom of Information Act 1982 (Cth))

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; 242 CLR 283 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 In re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700 Isbester v Knox City Council [2015] HCA 20; 255 CLR 135 Luck v Department of Human Services [2010] AATA 6; 51 AAR 265 Luck v Secretary, Department of Human Services [2017] FCA 540 Luck v Secretary, Department of Human Services (No 2) [2019] FCA 1290 Luck v Secretary, Department of Human Services (No 3) [2019] FCA 1335 Luck v Secretary, Department of Human Services (No 4) [2016] FCA 950 MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68