Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation v Forum Finance Pty Limited (Apprehended Bias Application) [2022] FCA 981 File number: NSD 616 of 2021
Judgment of: LEE J
Date of judgment: 19 August 2022
Date of reasons: 22 August 2022
Catchwords: COURTS AND JUDGES – principles of apprehended bias in the context of interlocutory judgment – where witness cross-examined as to credit – where adverse view formed of reliability as a witness – where there is at least a reasonable possibility that witness will be called at trial – where there is some logic connexion between that matter and the feared departure from the required judicial decision-making process
Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Laird v Tatum, 409 US 824 (1972) R v Watson; Ex parte Armstrong (1976) 136 CLR 248 Re JRL; Ex parte CJL (1986) 161 CLR 342 Southern Equities Corp Ltd (in liq) v Bond [2000] SASC 450; (2000) 78 SASR 339 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 Westpac Banking Corporation v Forum Finance Pty Limited (Freezing Order Variation) [2022] FCA 910
Olijnyk A, "Apprehended Bias and Interlocutory Judgments" (2013) 35 Sydney Law Review 761 Beaumont J, "Managing Litigation in the Federal Court" in Opeskin B and Wheeler F (eds), The Australian Federal Judicial System (Melbourne University Press, 2000) 160 Australian Law Reform Commission, Without Fear or Favour: Judicial Impartiality and the Law on Bias (Report No 138, December 2021)
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