Federal Court of Australia
Federal Court of Australia
Ogawa v Stewart (No 2) [2023] FCA 661 File number: QUD 325 of 2022
Judgment of: RANGIAH J
Date of judgment: 14 June 2023
Catchwords: PRACTICE AND PROCEDURE – application for disqualification on ground of apprehended bias – whether any reasonable apprehension of bias arises – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 30.22
Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Ogawa v Buckingham [2023] FCA 287 Ogawa v Carter [2020] FCA 828 Ogawa v Finance Minister [2020] FCA 829 Ogawa v President, Australian Human Rights Commission [2022] FCAFC 161 Ogawa v Stewart [2023] FCA 286 PD v President, Australian Human Rights Commission (No 2) [2021] FCA 851 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2023] HCA 15
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 19
Date of hearing: 14 June 2023
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: The Respondent filed a submitting notice
ORDERS QUD 325 of 2022
BETWEEN: MEGUMI OGAWA Applicant
AND: THOMAS STEWART Respondent
order made by: RANGIAH J DATE OF ORDER: 14 JUNE 2023
THE COURT ORDERS THAT:
1. The applicant be granted leave to file her affidavit affirmed on 14 June 2023. 2. The application for an order that Justice Rangiah disqualify himself from hearing QUD325/2022 and QUD391/2022 be dismissed. 3. The matter be adjourned for a case management hearing on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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