Federal Court of Australia
Federal Court of Australia
Sydney Trains v Australian Rail, Tram and Bus Industry Union [2022] FCA 1262 File number: NSD 884 of 2022
Judgment of: RAPER J
Date of judgment: 24 October 2022
Date of reasons: 26 October 2022
Catchwords: COURTS AND JUDGES – application by the respondent for recusal on the basis of alleged apprehended bias – principles of apprehended bias – application refused
Legislation: Fair Work Act 2009 (Cth) ss 19, 50, 340, 343(1), 346, 408, 443, 550
Cases cited: Charisteas v Charisteas [2021] HCA 29; 393 ALR 389 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Kostov v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 94 Salama v Sydney Trains [2021] FCA 251
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Date of hearing: 24 October 2022
Number of paragraphs: 30
Counsel for the Applicants: Mr A Gotting
Solicitor for the Applicants: Ashurst Australia
Counsel for the Respondent: Mr M Gibian SC
ORDERS NSD 884 of 2022
BETWEEN: SYDNEY TRAINS First Applicant
NSW TRAINS Second Applicant
AND: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION Respondent
order made by: RAPER J DATE OF ORDER: 24 October 2022
THE COURT ORDERS THAT:
1. The respondent's recusal application made on 23 October 2022 is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)
Raper j
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