Federal Court of Australia
Federal Court of Australia
Ogawa v Attorney General's Department (Recusal Application) [2023] FCA 1015 File number(s): QUD 127 of 2023 QUD 298 of 2023
Judgment of: MEAGHER J
Date of judgment: 28 August 2023
Catchwords: COURTS AND JUDGES – Application for disqualification – Whether fair minded observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of proceeding – Whether logical connection is established – Interlocutory application dismissed PRACTICE AND PROCEDURE – Where operative decision is being remade – Where final relief lacks utility – Application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A, 37M Judiciary Act 1903 (Cth) s 39B Racial Discrimination Act 1975 (Cth) s 9 Federal Court Rules 2011 (Cth) r 8.06
Cases cited: Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd & Qantas Airlines Ltd (1996) 65 FCR 215 British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283; [2011] HCA 2 Burgess v Minister for Immigration & Border Protection (2018) 259 FCR 197; [2018] FCA 69 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Johnson v Johnson (2000) 201 CLR 488 Ogawa v Commonwealth of Australia [2023] FCA 929 Praljak v State of Queensland [2022] FCA 572 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; 409 ALR 65
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