Industrial Registrar v The Uniting Church in Australia [2002] NSWIRComm 218
Although no basis for apprehended bias was accepted, the Full Bench considered it appropriate to stand aside in the particular circumstances, given this was the first invocation of the relevant statutory procedures and due to the sensitivity of the issues.
- Jurisdiction
- Australia
- Judgment Date
- 30 August 2002
- Procedural Posture
- Contempt Proceedings / Application for Disqualification of Bench (recusal), Interim Procedural Ruling
- Outcome
- Application for recusal granted; Full Bench to be reconstituted.
- Legal Topics
- ['contempt Proceedings' 'disqualification for Apprehended Bias' 'court Procedure' 'full Bench Requirements']
Case Brief
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Procedural Posture
Contempt Proceedings / Application for Disqualification of Bench (recusal), Interim Procedural Ruling
Legal Issues
- 1 ['Whether members of the Full Bench who ordered contempt proceedings can also hear substantive contempt motion' 'Whether apprehended bias arises in the circumstances' 'Procedural requirements for constitution of bench in contempt proceedings']
Ratio Decidendi
Although no basis for apprehended bias was accepted, the Full Bench considered it appropriate to stand aside in the particular circumstances, given this was the first invocation of the relevant statutory procedures and due to the sensitivity of the issues.
Court Disposition
Application for recusal granted; Full Bench to be reconstituted.
Orders
- ['Proceedings stood over and to be relisted before a reconstituted Full Bench; parties to be notified of the further listing.']
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