Luck v Secretary, Department of Human Services (No 3) [2019] FCA 1335

Luck v Secretary, Department of Human Services (No 3) [2019] FCA 1335

There was nothing in the exchange relied upon by the appellant to suggest to a fair-minded lay observer that the judge might not bring an impartial mind to the resolution of the issues in the appeal; thus, the application for recusal was refused.

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Application for Recusal Due to Apprehended Bias / Interlocutory Application
Outcome
Application for recusal dismissed
Legal Topics
['apprehended Bias' 'judicial Recusal' 'impartiality' 'duty to Sit' 'disability Discrimination']
['administrative Law' 'practice and Procedure'] ['apprehended Bias' 'judicial Recusal' 'impartiality' 'duty to Sit' 'disability Discrimination']

Case Brief

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Procedural Posture

Application for Recusal Due to Apprehended Bias / Interlocutory Application

Legal Issues

  1. 1 ['Whether the judge should recuse himself on the basis of apprehended bias']

Ratio Decidendi

There was nothing in the exchange relied upon by the appellant to suggest to a fair-minded lay observer that the judge might not bring an impartial mind to the resolution of the issues in the appeal; thus, the application for recusal was refused.

Court Disposition

Application for recusal dismissed

Orders

  • ["Paragraph 1 of the appellant's interlocutory application dated 24 July 2019 is dismissed."]