Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 44) [2023] FCA 1013 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018
Judgment of: BESANKO J
Date of judgment: 25 August 2023
Catchwords: PRACTICE AND PROCEDURE — application for disqualification from hearing and determining two applications brought by the Commonwealth of Australia on ground of apprehended bias — where application brought by the applicant in three unsuccessful defamation proceedings — where serious findings of fact and credit made against the applicant in main judgment — whether the hypothetical reasonable observer might apprehend that judge may not bring an impartial mind to considering circumstances which may potentially be relevant to a decision on proposed amendments to existing orders made pursuant to ss19(3A) and 38B of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth)
Legislation: Defence Act 1903 (Cth) s 124(2CA) National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 19(3A), 38B Federal Court Rules 2011 (Cth) r 2.32 Inspector-General of the Australian Defence Force Regulation 2016 (Cth)
Cases cited: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 Michael Wilson & Partners v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 MTI v SUL (No 2) [2012] WASCA 87 R v Masters (1992) 26 NSWLR 450 Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 Vakauta v Kelly (1988) 13 NSWLR 502 Vakauta v Kelly [1989] HCA 44; (1989) 167 CLR 568 Westcoast Clothing Co Pty Ltd v Freehill Hollingdale & Page (A Firm) [1999] VSC 24
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate