Dunstan v Orr [2008] FCA 736

Dunstan v Orr [2008] FCA 736

The applicant's allegations of bias had no substance. The refusal to deal with or grant an O 80 pro bono referral did not found bias because referral is discretionary and administrative, and custody-related difficulties in briefing counsel could be addressed by appropriate orders and did not justify deferring an otherwise ready appeal.

Jurisdiction
Australia
Judgment Date
12 May 2008
Procedural Posture
Notice of Motion in an Appeal Seeking Assignment of Another Judge and Recusal on Grounds of Bias / Hearing of Motion
Outcome
Application dismissed; pro bono referral refused; appeal listed for the August Full Court sittings.
Legal Topics
['judicial Recusal' 'apprehended Bias' 'pro Bono Referral' 'appeal Management' 'listing of Appeals']
['civil Procedure'] ['judicial Recusal' 'apprehended Bias' 'pro Bono Referral' 'appeal Management' 'listing of Appeals']

Case Brief

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Procedural Posture

Notice of Motion in an Appeal Seeking Assignment of Another Judge and Recusal on Grounds of Bias / Hearing of Motion

Legal Issues

  1. 1 ['Whether Stone J should recuse herself from further involvement in management of the appeal on the grounds of bias.' "Whether the Court should assign a judge other than Stone J to hear the applicant's application for a referral under O 80 of the Federal Court Rules." "Whether the applicant's asserted unavailability, possible custody, and difficulties briefing counsel justified deferring listing of the appeal."]

Ratio Decidendi

The applicant's allegations of bias had no substance. The refusal to deal with or grant an O 80 pro bono referral did not found bias because referral is discretionary and administrative, and custody-related difficulties in briefing counsel could be addressed by appropriate orders and did not justify deferring an otherwise ready appeal.

Court Disposition

Application dismissed; pro bono referral refused; appeal listed for the August Full Court sittings.

Orders

  • ['The application that Stone J recuse herself was dismissed.' "The applicant's request for a referral under O 80 was rejected." "Mr Dunstan's appeal was listed for hearing in the August Full Court sittings."]