Selth v Australasian Barrister Chambers Pty Limited [2015] FCA 1494

Selth v Australasian Barrister Chambers Pty Limited [2015] FCA 1494

The categories of documents sought by the respondents are not directly relevant to the issues raised by the pleadings and are therefore not subject to discovery; the applicants have either already provided responsive documents or the documents are of no utility to the proper disposition of the case. The circumstances relied upon for apprehended bias in seeking the judge's recusal do not provide any logical connection to a feared deviation from deciding the case on its merits, and thus recusal is not warranted.

Parties
First Applicant: Philip Selth in a representative capacity for the members of the Australian Bar Association; Second Applicant: ABA Australian Bar Association Limited (ACN 605 949 148); First Respondent: Australasian Barrister Chambers Pty Limited (ABN 80133736848); Second Respondent: Derek Michael Minus; Third Respondent: Dispute Resolution Associates Pty Ltd (ABN 50090594451); Fourth Respondent: AUSTBAR Pty Ltd (ACN 608 133 768)
Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Interlocutory Application / Application for Discovery and Recusal Order Prior to Trial
Outcome
Application for discovery dismissed; recusal application refused.
Legal Topics
Discovery of Documents, Applications for Recusal, Trade Mark Proprietorship, Australian Consumer Law
Intellectual Property Civil Procedure Discovery of Documents Applications for Recusal Trade Mark Proprietorship Australian Consumer Law

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Parties

Philip Selth in a representative capacity for the members of the Australian Bar Association

First Applicant

ABA Australian Bar Association Limited (ACN 605 949 148)

Second Applicant

Australasian Barrister Chambers Pty Limited (ABN 80133736848)

First Respondent

Derek Michael Minus

Second Respondent

Dispute Resolution Associates Pty Ltd (ABN 50090594451)

Third Respondent

AUSTBAR Pty Ltd (ACN 608 133 768)

Fourth Respondent

Procedural Posture

Interlocutory Application / Application for Discovery and Recusal Order Prior to Trial

Legal Issues

  1. 1 Whether discovery should be ordered in respect of specified categories of documents
  2. 2 Whether the docket judge should recuse himself for apprehended bias

Ratio Decidendi

The categories of documents sought by the respondents are not directly relevant to the issues raised by the pleadings and are therefore not subject to discovery; the applicants have either already provided responsive documents or the documents are of no utility to the proper disposition of the case. The circumstances relied upon for apprehended bias in seeking the judge's recusal do not provide any logical connection to a feared deviation from deciding the case on its merits, and thus recusal is not warranted.

Court Disposition

Application for discovery dismissed; recusal application refused.

Orders

  • These orders and the reasons for judgment are made and published from Chambers.
  • The interlocutory application of the respondents filed on 8 December 2015 seeking orders for discovery is dismissed.