Ogawa v Finance Minister [2021] FCA 603

Federal Court of Australia

Ogawa v Finance Minister [2021] FCA 603 Appeal from: Ogawa v Finance Minister [2021] FCA 59

File number: QUD 62 of 2021

Judgment of: LOGAN J

Date of judgment: 17 May 2021

Catchwords: PRACTICE AND PROCEDURE – issue of apprehended bias raised at case management hearing – where judge assigned to case management had participated in two earlier Full Court judgments concerning the appellant – where factual substratum overlapped between cases – where judge assigned to case management ought to disqualify themselves if panelled to Full Court – where earlier judgments had not involved findings as to credibility of the appellant by the Full Court – no order made as to disqualification

Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Ogawa v Carter (Delegate of Finance Minister) [2021] FCAFC 16 Ogawa v Finance Minister [2021] FCA 59 Ogawa v Finance Minister [2021] FCAFC 17

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: 17 May 2021

Counsel for the Appellant: The appellant appeared in person

Solicitor for the Respondent: Australian Government Solicitor

ORDERS QUD 62 of 2021

BETWEEN: MEGUMI OGAWA Appellant

AND: FINANCE MINISTER Respondent

order made by: LOGAN J DATE OF ORDER: 17 MAY 2021

THE COURT ORDERS THAT:

1. Justice Logan is not disqualified, by reason of earlier participation in appeals in which the appellant was a party, from sitting on the Full Court in respect of the present appeal. 2. The respondent prepare the appeal book, which is to include, exceptionally, the written submissions filed by the parties in the original jurisdiction. The registrar is to settle the contents of the appeal book in the event of any disagreement between the parties. 3. Subject to Order 2, the registrar make the usual interlocutory directions to the end of listing the appeal for a hearing before the Full Court of half a day to a day. 4. There be liberty to apply. 5. The costs of and incidental to the preparation of the appeal book be the respondent's costs in any event. Save as aforesaid, costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.