Luck v Commonwealth of Australia [2025] FCA 68

Luck v Commonwealth of Australia [2025] FCA 68

None of the applicant's grounds, individually or cumulatively, provided a proper basis for a fair-minded lay observer to reasonably apprehend the judge might not bring an impartial mind to the proceeding; there was no power for the judge to refer the matter to a Full Court and no justification to seek referral by the Chief Justice.

Parties
Applicant: Gaye Luck; First Respondent: Commonwealth of Australia; Second Respondent: Commonwealth Attorney General
Jurisdiction
Australia
Judgment Date
11 February 2025
Procedural Posture
Interlocutory Application Within Judicial Review Proceeding / Ruling on Interlocutory Application (disqualification and Referral to Full Court)
Outcome
Application for disqualification and referral to a Full Court refused; interlocutory application dismissed; costs reserved; matter to be listed for further case management.
Legal Topics
Judicial Bias, Disqualification of Judges, Referral to Full Court, Litigants in Person, Disability Discrimination, Procedural Fairness
Practice and Procedure Administrative Law Judicial Bias Disqualification of Judges Referral to Full Court Litigants in Person Disability Discrimination Procedural Fairness

Case Brief

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Parties

Gaye Luck

Applicant

Commonwealth of Australia

First Respondent

Commonwealth Attorney General

Second Respondent

Procedural Posture

Interlocutory Application Within Judicial Review Proceeding / Ruling on Interlocutory Application (disqualification and Referral to Full Court)

Legal Issues

  1. 1 Whether the judge should disqualify himself for apprehended bias
  2. 2 Whether the matter should be referred to a Full Court

Ratio Decidendi

None of the applicant's grounds, individually or cumulatively, provided a proper basis for a fair-minded lay observer to reasonably apprehend the judge might not bring an impartial mind to the proceeding; there was no power for the judge to refer the matter to a Full Court and no justification to seek referral by the Chief Justice.

Court Disposition

Application for disqualification and referral to a Full Court refused; interlocutory application dismissed; costs reserved; matter to be listed for further case management.

Orders

  • The applicant's interlocutory application dated 28 January 2025 is dismissed.
  • Costs of the applicant's interlocutory application dated 28 January 2025 are reserved.