Landman & Anor v Grange Securities Limited [2006] NSWIRComm 183

Landman & Anor v Grange Securities Limited [2006] NSWIRComm 183

The judge disqualified herself from hearing the jurisdictional motions because a reasonable apprehension of bias could arise from her involvement in the unsuccessful conciliation, where views concerning the jurisdictional issue were considered.

Jurisdiction
Australia
Judgment Date
25 May 2006
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Disqualification Motion Prior to Hearing of Jurisdictional Motion
Outcome
Judge disqualified herself from hearing the jurisdictional motions
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'jurisdiction' 'conciliation Proceedings']
['industrial Law'] ['apprehended Bias' 'disqualification of Judge' 'jurisdiction' 'conciliation Proceedings']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Disqualification Motion Prior to Hearing of Jurisdictional Motion

Legal Issues

  1. 1 ['Whether the judge should disqualify herself from hearing a jurisdictional motion due to apprehended bias arising from involvement in prior conciliation under s 109 of the Industrial Relations Act 1996']

Ratio Decidendi

The judge disqualified herself from hearing the jurisdictional motions because a reasonable apprehension of bias could arise from her involvement in the unsuccessful conciliation, where views concerning the jurisdictional issue were considered.

Court Disposition

Judge disqualified herself from hearing the jurisdictional motions

Orders

  • ['Judge Schmidt disqualified herself from further hearing the matters']