Federal Court of Australia
Federal Court of Australia
Hillier v Martin (No 2) [2021] FCA 509 File number: SAD 113 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 12 May 2021
Catchwords: PRACTICE AND PROCEDURE – application for disqualification on grounds of apprehended bias – presiding judge having access to extraneous materials – extraneous materials subject to a claim of legal professional privilege of a non-party – extraneous materials said to be directly relevant to facts to be determined in the proceedings and otherwise affecting the assessment of the credibility of a critical witness – whether a fair-minded observer might reasonably apprehend that the presiding judge might not bring an impartial mind to the determination of the issues – consideration of the knowledge to be attributed to the fair-minded observer in the application of the test for apprehended bias – relevance of delay in bringing the disqualification application – whether facts relied upon in support of the application were known to the respondent – whether the respondent's right to bring the application has been waived by virtue of the delay
Legislation: Fair Work Act 2009 (Cth) Trustee Act 1936 (SA)
Cases cited: AAL19 v Minister for Home Affairs (2020) 277 FCR 393 ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Attorney-General (NT) v Kearney (1985) 158 CLR 500 Burgess v Minister for Immigration and Border Protection (2018) 259 FCR 197 Ebner v Offıcial Trustee in Bankruptcy (2000) 205 CLR 337 Forbes v Petbarn [2018] FCA 256 Hillier v Martin [2021] FCA 269 Home Office v Harman [1983] 1 AC 280 Isbester v Knox City Council (2015) 255 CLR 135 Johnson v Johnson (2000) 201 CLR 488 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Martin v Norton Rose Fulbright Australia (No 2) [2019] FCA 96 Martin v Norton Rose Fulbright Australia (No 2) [2020] FCAFC 42 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24 Vakauta v Kelly (1989) 167 CLR 568
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