AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 3) [2024] FCA 1191

AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 3) [2024] FCA 1191

A judge having previously made a decision adverse to a party is not by itself sufficient to justify disqualification for apprehended bias or to justify staying all further proceedings. No logical connection or reasonable apprehension of bias has been demonstrated by the applicant. There is insufficient evidence warranting a stay or disqualification.

Parties
Applicant: AZO24; First Respondent: Registrar, Registry of New South Wales, Federal Court of Australia; Second Respondent: Thomas Stewart, National Registrar, Federal Court of Australia
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Interlocutory Application / Application to Disqualify Judge/stay Pending Appeal
Outcome
Interlocutory application (order 3) dismissed
Legal Topics
Judicial Disqualification, Apprehended Bias, Suppression Orders, Interlocutory Applications
Practice and Procedure Administrative Law Judicial Disqualification Apprehended Bias Suppression Orders Interlocutory Applications

Case Brief

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Parties

AZO24

Applicant

Registrar, Registry of New South Wales, Federal Court of Australia

First Respondent

Thomas Stewart, National Registrar, Federal Court of Australia

Second Respondent

Procedural Posture

Interlocutory Application / Application to Disqualify Judge/stay Pending Appeal

Legal Issues

  1. 1 Whether the presiding judge should refrain from further involvement in the proceedings pending appeal due to apprehended bias or proper administration of justice
  2. 2 Whether the facts support apprehended bias requiring disqualification
  3. 3 Procedural requirements for suppression/non-publication orders under s 37AF and s 37AI

Ratio Decidendi

A judge having previously made a decision adverse to a party is not by itself sufficient to justify disqualification for apprehended bias or to justify staying all further proceedings. No logical connection or reasonable apprehension of bias has been demonstrated by the applicant. There is insufficient evidence warranting a stay or disqualification.

Court Disposition

Interlocutory application (order 3) dismissed

Orders

  • Order 3 of the Interlocutory Application dated 27 September 2024 is dismissed.
  • Any application (with evidence) for a suppression or non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) to be filed by 4pm on 14 October 2024.