Council of the New South Wales Bar Association v de Robillard [2024] NSWCA 38

Council of the New South Wales Bar Association v de Robillard [2024] NSWCA 38

The Registrar’s costs order does not bind the Court to any substantive conclusion on the Council's legal capacity, and there is no reasonable apprehension of bias; so the recusal application was dismissed.

Parties
Respondent to Recusal Application: Council of the New South Wales Bar Association; Applicant on Recusal Application: Christian Roger de Robillard
Jurisdiction
Australia
Judgment Date
26 February 2024
Procedural Posture
Recusal Application Within Judicial Review Relating to Removal From Roll of Australian Lawyers / Interlocutory; Application for Recusal Prior to Hearing of Substantive Removal Application
Outcome
Recusal application dismissed
Legal Topics
Judicial Recusal, Apprehension of Bias, Legal Capacity of Parties, Professional Misconduct, Case Management
Courts and Judicial System Judicial Recusal Apprehension of Bias Legal Capacity of Parties Professional Misconduct Case Management

Case Brief

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Parties

Council of the New South Wales Bar Association

Respondent to Recusal Application

Christian Roger de Robillard

Applicant on Recusal Application

Procedural Posture

Recusal Application Within Judicial Review Relating to Removal From Roll of Australian Lawyers / Interlocutory; Application for Recusal Prior to Hearing of Substantive Removal Application

Legal Issues

  1. 1 Whether costs order made by Registrar pre-determined issue of Council's legal capacity
  2. 2 Whether members of the bench should recuse themselves for apprehended bias
  3. 3 Effect of Registrar's costs orders and their binding nature on substantive proceedings

Ratio Decidendi

The Registrar’s costs order does not bind the Court to any substantive conclusion on the Council's legal capacity, and there is no reasonable apprehension of bias; so the recusal application was dismissed.

Court Disposition

Recusal application dismissed

Orders

  • Dismiss the respondent's application that the Court recuse itself on the grounds of reasonable apprehension of bias.