Federal Court of Australia
Federal Court of Australia Scott v Nimlaw Pty Ltd (No 1) [2024] FCA 1123 File number(s):
Judgment of: O'SULLIVAN J
Date of judgment: 18 September 2024
Date of publication of reasons: 24 September 2024
Catchwords: PRACTICE AND PROCEDURE — recusal application — reasonable apprehension of bias — whether fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding — whether involvement in a previous matter would result in a reasonable apprehension of bias — whether the Court arranged for the District Court to dismiss an application to set aside a judgment against the applicant upon which a bankruptcy notice was founded — whether logical connection is established — recusal application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth)
Charisteas v Charisteas [2021] HCA 29; 95 ALJR 824 Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Nimlaw Pty Ltd v Scott, in the matter of Scott [2024] FedCFamC2G 647 Scott v Judicial Registrar Ditton [2023] FCA 947
Division: General Division
Registry: South Australia
National Practice Area:
Sub-area:
Number of paragraphs: 22
Date of hearing: 18 September 2024
Counsel for the Appellant: The appellant appeared in person
Solicitor for the Respondent: Mr J Stewart-Rattray appearing for Stewart-Rattray Lawyers
ORDERS SAD 102 of 2024
BETWEEN: SUSAN JANE SCOTT Appellant AND: NIMLAW PTY LTD Respondent
order made by: O'SULLIVAN J DATE OF ORDER: 18 SEPTEMBER 2024
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