Federal Court of Australia
Federal Court of Australia Toma v Fair Work Commission [2023] FCA 1163 Appeal from: Toma v Fair Work Commission [2022] FCA 1261
File number: NSD 962 of 2022
Judgment of: BROMWICH J
Date of judgment: 29 September 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from decision to refuse leave to pursue racial discrimination action against Fair Work Commission and summary judgment – where applicant alleges apprehended bias by primary judge due to previous associations while in practice – where applicant alleges actual bias by primary judge – where applicant alleges error of law for failure to find racial discrimination occurred – where applicant alleges breach of Australian Citizenship Act 2007 (Cth) through adverse comment on affidavit of Australian citizen – where applicant alleges lack of procedural fairness – Held: no arguable case on any proposed ground of appeal; application dismissed; respondent granted leave to apply for costs
Legislation: Australian Citizenship Act 2007 (Cth) Australian Human Rights Commission Act 1986 (Cth) s 46PO(3) Fair Work Act 2009 (Cth) s 580
Cases cited: Charisteas v Charisteas [2021] HCA 29; 273 CLR 289 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 Mpinda v Fair Work Commission [2022] FCA 1111 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; 66 Fam LR 369; 409 ALR 65 Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020
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