Ogawa v Australian Information Commissioner [2022] FCA 1374

Federal Court of Australia

Ogawa v Australian Information Commissioner [2022] FCA 1374 File number: QUD 387 of 2021

Judgment of: LOGAN J

Date of judgment: 15 November 2022

Catchwords: HIGH COURT AND FEDERAL COURT – judges – disqualification – where applicant alleges apprehended bias as a result of judge being a member of a Full Court which determined appeals set against the broad background of the present case – where the issues at large in the Full Court did not give rise to a reasonable apprehension of bias – application dismissed PRACTICE AND PROCEDURE – application for adjournment – where adjournment consented to by applicant and one but not both respondents – where considerations of case management weigh against adjournment – adjournment refused PRACTICE AND PROCEDURE – application to amend originating application – where applicant sought leave to amend originating application to claim relief under s 39B of the Judiciary Act 1903 (Cth) and the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where alleged claim arose following the commencement of the proceedings – where leave required to bring claim under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where proposed grounds are cast at a level of generality as to be devoid of meaningful content – application dismissed

Legislation: Constitution s 75 Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia 1976 (Cth) ss 37M, 37N Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Privacy Act 1988 (Cth) s 41 Federal Court Rules 2011 (Cth) r 8.21