Mentink v Commissioner for Northern Territory Police [2021] FCA 1257

Federal Court of Australia

Mentink v Commissioner for Northern Territory Police [2021] FCA 1257 File number: NTD 17 of 2021

Judgment of: LOGAN J

Date of judgment: 27 August 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for disqualification of judge – where judge had decided prior cases involving the applicant – whether apprehended bias – no apprehended bias established – application dismissed

Legislation: Criminal Code 1995 (Cth) s 271A.1

Cases cited: Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337 Howieson v Chief of Army [2021] ADFDAT 1 Mentink v Queensland Police Commissioner (No 2) (2020) 279 FCR 212 Mentink v Registrar of the Australian Register of Ships [2015] FCAFC 150 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427 Re JRL; ex parte CJL (1986) 161 CLR 342

Division: General Division

Registry: Northern Territory

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 15

Date of hearing: 27 August 2021

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr J Nottle

Solicitor for the Respondent: Mr B Wild (Solicitor for the Northern Territory)

ORDERS NTD 17 of 2021

BETWEEN: WILFRED JAN REINIER MENTINK Applicant

AND: COMMISSIONER FOR NORTHERN TERRITORY POLICE Respondent

order made by: LOGAN J DATE OF ORDER: 27 AUGUST 2021

THE COURT ORDERS THAT:

1. The application for disqualification be dismissed. 2. The respondent file and serve the Court Book on or before 10 September 2021. 3. The applicant file and serve such amended originating application, if any, or, as the case may be, particulars of the grounds in respect of the originating application as filed, an outline of submissions of not more than 15 pages, and any affidavit material he intends to rely upon by 15 October 2021. 4. The respondent file and serve an outline of submission of not more than 15 pages and any affidavit material he intends to rely upon by 29 October 2021. 5. The proceeding be listed for hearing on the estimate of 1 day, in Darwin, in November, to a date to be fixed by the Court after consultation with parties. The mode of hearing may be varied by the Court depending on public health considerations. 6. Pursuant to r 4.12 of the Federal Court Rules 2011 (Cth), a referral certificate for pro bono legal assistance to the applicant be issued. 7. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.