Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2020] FCA 811 File number: NSD 1040 of 2019
Judge: BESANKO J
Date of judgment: 12 June 2020
Catchwords: PRACTICE AND PROCEDURE — two applications for disqualification on the basis of apprehended bias by reason of judge's involvement in hearing a previous proceeding between the applicants and the first and second respondents in the present proceeding — where judge rejected the first and second respondents' previous challenge to the impartiality of an expert witness whom gave evidence in the previous proceeding and whom is likely to give evidence in the present proceeding — where judge also construed claims in the patent in the previous proceeding in a manner consistent with the construction advanced by the expert witness — where the proper construction of claims in a patent is a question of law — whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the resolution of the issues in the present proceeding — whether an apprehension of bias arises by reason of the applicants' use of the term "workaround" in a letter to the Court
Legislation: Patents Act 1990 (Cth) s 122
Cases cited: Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2018] FCA 1839 Cavar v Green Gate Pty Ltd [2015] FCA 1179 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Expectation Pty Ltd v PRD Realty Pty Ltd (No 2) [2006] FCA 392; (2006) 151 FCR 160 Globaltech Corporation Pty Ltd v Australian Mud Company Pty Ltd [2019] FCAFC 162; (2019) 145 IPR Jupiters Ltd v Neurizon Pty Ltd [2015] FCAFC 90; (2005) 222 ALR 155 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 Michael Wilson & Partners v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Oxworks Trading Pty Ltd v Gram Engineering Pty Ltd [2019] FCAFC 240 Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 343 Vakauta v Kelly [1989] HCA 44; (1989) 167 CLR 568 Bodkin C, Patent Law in Australia (3rd ed, Lawbook Co, 2019)
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