Federal Court of Australia
Federal Court of Australia
Masi-Haini v Minister for Home Affairs [2023] FCA 430 Appeal from: Masi-Haini v Minsiter for Home Affairs [2022] FCA 1326
File numbers: NSD 1058 of 2022
Judgment of: KENNETT J
Date of judgment: 8 May 2023
Catchwords: HIGH COURT AND FEDERAL COURT – Application for disqualification of judge on basis of apprehended bias – where proceedings raise issue on which judge made submissions as senior counsel in previous case – where judge's junior counsel in that case seeks to make same submissions in present case – where passages of written submissions almost identical – whether application should be determined by single judge or Full Court – whether judge should disqualify himself – application dismissed
Legislation: Federal Court of Australia Act 1977 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd (1996) 65 FCR 215 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Frugtniet v Secretary, Department of Social Services [2021] FCAFC 127 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Kartinyeri v Commonwealth [1998] HCA 22; 195 CLR 337 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Livesey v New South Wales Bar Association (1983) 151 CLR 288 McKenzie v Cash Converters International Ltd (No 3) [2019] FCA 10 Minister for Immigration and Border Protection v Kim [2014] FCAFC 47; 221 FCR 523 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 96 ALJR 13 Studholme v Rawson [2020] NSWCA 76; 102 NSWLR 490 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 SZVBN v Minister for Immigration and Border Protection (No 2) [2017] FCA 123 SZVBN v Minister for Immigration and Border Protection (No 3) [2017] FCA 126 Vakauta v Kelly (1988) 13 NSWLR 502 Wark v The State of Western Australia (No 2) [2023] WASCA 67 Wark v The State of Western Australia (No 3) [2023] WASCA 68 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (HCA, M53/2022)
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