Federal Court of Australia
Federal Court of Australia
Storry v Business Licensing Authority [2022] FCA 1321 Appeal from: Storry v Business Licencing Authority [2021] AATA 5329
File number: QUD 343 of 2021
Judgment of: THOMAS J
Date of judgment: 4 November 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for recusal – where applicant suggests apprehended bias of the docket judge – whether fair-minded observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of proceeding – bias not made out – application dismissed
Legislation: Federal Court Rules 2011 (Cth) Mutual Recognition Act 1992 (Cth)
Cases cited: Bienstein v Bienstein (2003) 195 ALR 225; [2003] HCA 7 Charisteas v Charisteas (2021) 393 ALR 389; [2021] HCA 29 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Livesey v The New South Wales Bar Association (1983) 151 CLR 288 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (2021) 95 ALJR 128; [2021] HCA 2 Re J.R.L.; Ex parte C.J.L. (1986) 161 CLR 342 Storry v Weir [2022] FCA 362 Storry v Weir [2022] FCA 794 Weir v Storry [2022] FedCFamC2G 183
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 42
Date of hearing: Determined on the papers
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