Federal Court of Australia
Federal Court of Australia
Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority [2020] FCA 1570 File number: NSD 1690 of 2019
Judgment of: WIGNEY J
Date of judgment: 8 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for recusal – whether fair-minded lay observer might reasonably apprehend that judge does not have an impartial mind to the resolution of the proceeding – whether fair-minded lay observer might reasonably apprehend that judge was predisposed against the applicant as a result of what transpired at case management hearings – applicable principles of apprehended bias – where no basis for finding that there was an appearance of bias upon consideration of the nature and circumstances of the proceeding – application dismissed
Cases cited: AJH Lawyers Pty Ltd v Careri [2011] VSCA 425; 34 VR 236 British American Tobacco Australia Services Limited v Laurie [2011] HCA 2; 242 CLR 283 Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577 CUR24 v Director of Public Prosecutions [2012] NSWCA 65; 83 NSWLR 385 Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 DOQ17 v Australian Financial Security Authority (No 2) [2018] FCA 1270; 363 ALR 681 Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240; 78 NSWLR 499 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Hamod v State of New South Wales (No 11) [2008] NSWSC 967 IOOF Australia Trustees Ltd v SEAS Sapfor Forests Pty Ltd [1999] SASC 249; 78 SASR 151 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Knaggs v Director of Public Prosecutions (NSW) [2007] NSWCA 83; 170 A Crim R 366 Laws v Australian Broadcasting Tribunal [1990] HCA 31; 170 CLR 70 R v George (1987) 9 NSWLR 527 Re J.R.L.; Ex parte C.J.L [1986] HCA 39; 161 CLR 342 Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] NSWCA 88; 332 ALR 128 Rush v Nationwide News Pty Limited (No 8) [2019] FCA 1382 Spalla v St George Wholesale Finance Pty Ltd [2006] FCA 416 SZCOS v Minister for Immigration & Citizenship [2008] FCA 570
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