Quach v McIntyre [2024] FCA 564

Federal Court of Australia

Quach v McIntyre [2024] FCA 564 File number(s): QUD 16 of 2024 QUD 39 of 2024

Judgment of: THAWLEY J

Date of judgment: 28 May 2024

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – whether applicant has no reasonable prospect of successfully prosecuting a proceeding alleging cartel conduct against two individuals – no reasonable prospects of success – application for summary dismissed granted PRACTICE AND PROCEDURE – application for recusal – where docket judge refused applicant's request to issue subpoenas – where docket judge previously dismissed applicant's application for leave to appeal in a different proceeding – both matters insufficient to give rise to a reasonable apprehension of bias

Legislation: Competition and Consumer Act 2010 (Cth) ss 6(2C)(n), 45AD, 45AF, 45AG, 45AJ, 45AK Federal Court of Australia Act 1976 (Cth) s 31A Property and Stock Agents Act 2002 (NSW) Federal Court Rules 2011 (Cth) r 26.01

Cases cited: Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808 Quach v Australian Health Practitioner Regulation Agency [2021] FCA 313 Quach v Australian Health Practitioner Regulation Agency (Adjournment) [2023] FCA 576 Quach v Australian Health Practitioner Regulation Agency (Extension of Time) [2023] FCA 578 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; 409 ALR 65 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Taylor v Attorney-General (Cth) [2019] HCA 30; (2019) 372 ALR 581