Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2014] FCA 301

Maiocchi v Royal Australian & New Zealand College of Psychiatrists [2014] FCA 301

Leave to appeal was refused for proposed grounds 1 to 21 because the applicant's materials and submissions did not show that the primary judge's judgment was attended by sufficient doubt to warrant reconsideration by the Full Court. The apprehended bias contention amounted to disagreement with the primary judge; s 46PR did not displace the pleading rules; the RANZCP Constitution ground did not engage with the primary judge's reasons and the Constitution had not been tendered below; and grounds 16 to 21 did not identify the relevant evidence or any evidence not considered.

Jurisdiction
Australia
Judgment Date
17 March 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Leave to Appeal Refused in Relation to Grounds 1 to 21 of the Draft Notice of Appeal; Balance of the Application Adjourned
Outcome
Leave to appeal refused in relation to grounds 1 to 21 of the draft notice of appeal; balance of the application adjourned to 27 March 2014.
Legal Topics
['extension of Time' 'leave to Appeal' 'apprehended Bias' 'pleadings' 'strike Out' 'summary Dismissal' 'australian Human Rights Commission Proceedings']
['practice and Procedure'] ['extension of Time' 'leave to Appeal' 'apprehended Bias' 'pleadings' 'strike Out' 'summary Dismissal' 'australian Human Rights Commission Proceedings']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Leave to Appeal Refused in Relation to Grounds 1 to 21 of the Draft Notice of Appeal; Balance of the Application Adjourned

Legal Issues

  1. 1 ['Whether leave to appeal should be granted on the proposed ground of genuine apprehension of bias by the primary judge' 'Whether s 46PR of the Australian Human Rights Commission Act 1986 (Cth) prevented the primary judge from applying evidentiary or procedural rules, including pleading rules' 'Whether the proposed ground concerning the Constitution of the Royal Australian & New Zealand College of Psychiatrists warranted leave to appeal' 'Whether proposed grounds 16 to 21 identified evidence not considered by the primary judge or otherwise showed sufficient doubt to warrant reconsideration by the Full Court']

Ratio Decidendi

Leave to appeal was refused for proposed grounds 1 to 21 because the applicant's materials and submissions did not show that the primary judge's judgment was attended by sufficient doubt to warrant reconsideration by the Full Court. The apprehended bias contention amounted to disagreement with the primary judge; s 46PR did not displace the pleading rules; the RANZCP Constitution ground did not engage with the primary judge's reasons and the Constitution had not been tendered below; and grounds 16 to 21 did not identify the relevant evidence or any evidence not considered.

Court Disposition

Leave to appeal refused in relation to grounds 1 to 21 of the draft notice of appeal; balance of the application adjourned to 27 March 2014.

Orders

  • ['Leave to appeal is refused in relation to the grounds of appeal numbered 1 on page 2 through to 21 on page 6, inclusive, of the draft notice of appeal attached to the application for extension of time and leave to appeal dated and filed 21 February 2014.' 'The hearing of the balance of the application is adjourned...