Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 670 Appeal from: COV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2547
File number: NSD 1102 of 2020
Judgment of: FARRELL J
Date of judgment: 2 June 2021
Date of publication of reasons: 21 June 2021
Catchwords: COURTS AND JUDICIAL SYSTEM – oral application for disqualification of judge on the basis of apprehended bias – where appellant failed to file submissions at least 20 business days before date set for hearing of appeal as required by timetabling directions – whether phrase "substantive failure to comply with timetabling orders" in email sent by associate to parties constituted prejudgment – whether that phrase alone or together with alleged tone of remarks at hearing of oral application, alleged "demanding" language in email correspondence sent by associate to the parties concerning convening a case management hearing, alleged "personal attacks" on counsel for the appellant and alleged failure to approve documents for filing satisfied the test for apprehended bias – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P Federal Court Rules 2011 (Cth) rr 36.51-36.56 Migration Act 1958 (Cth) ss 5, 5AA, 46A, 189
Cases cited: Barton v Walker [1979] 2 NSWLR 740 COV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2547 CUR24 v Director of Public Prosecutions [2012] NSWCA 65; (2012) 83 NSWLR 385 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 GetSwift Limited v Webb [2021] FCAFC 26 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Mistral International Pty Ltd (Formerly known as Ringgrip Pty Ltd) v Polstead Pty Ltd [2002] NSWCA 321
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