Federal Court of Australia
Federal Court of Australia
Sayed v National Disability Insurance Agency (No 2) [2022] FCA 1591 File number: VID 520 of 2022
Judgment of: O'BRYAN J
Date of judgment: 23 December 2022
Catchwords: PRACTICE AND PROCEDURE – application to recuse on the grounds of actual bias and apprehended bias – rulings made during first case management hearing – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) s 39B National Disability Insurance Scheme Act 2013 (Cth) ss 32, 33, 37, 48, 49, 99, 100(6), 103 National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022 (Cth)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 288 FCR 218 DOQ17 v Australian Financial Security Authority (No 2) [2018] FCA 1270; 363 ALR 681 Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 280 FCR 479 Isbester v Knox City Council (2015) 255 CLR 135 Johnson v Johnson (2000) 201 CLR 488 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 QRS v Legal Profession Board of Tasmania [2017] TASFC 10 Sayed v National Disability Insurance Agency [2022] FCA 1494 Steven Dural v The Queen [2021] VSCA 82 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 Westpac Banking Corporation v Forum Finance Pty Ltd (Apprehended Bias Application) [2022] FCA 981
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