Federal Court of Australia
Federal Court of Australia
Martin v Hillier [2021] FCA 800 Appeal from: Application for leave to appeal: Hillier v Martin (No 4) [2021] FCA 710
File number: SAD 137 of 2021
Judgment of: BESANKO J
Date of judgment: 15 July 2021
Catchwords: PRACTICE AND PROCEDURE — application for leave to appeal — disqualification for apparent bias — where judge was a member of a Full Court that delivered judgment that was strongly critical of the applicant's husband's conduct — where applicant's husband's conduct will or may be an issue on the application for leave to appeal — order that application for leave to appeal be heard by another judge of the Court
Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Martin v Norton Rose Fulbright Australia [2019] FCAFC 234
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 12
Date of last submissions: 13 July 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr S Ower QC
Solicitor for the Applicant: Norman Waterhouse
Counsel for the Respondent: Mr R Whitington QC with Mr D O'Leary
Solicitor for the Respondent: Sykes Bidstrup
ORDERS SAD 137 of 2021
BETWEEN: VICTORIA MARTIN Applicant
AND: JAMES HILLIER Respondent
order made by: BESANKO J DATE OF ORDER: 15 July 2021
THE COURT ORDERS THAT:
1. The application for leave to appeal be allocated to another judge of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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