Kowalski v Superannuation Complaints Tribunal [2009] FCA 1466

Kowalski v Superannuation Complaints Tribunal [2009] FCA 1466

None of the applicant's arguments regarding prior judicial conduct, adverse findings, or cost orders establish actual bias or give rise to a reasonable apprehension of bias; therefore, the application to disqualify the judge is dismissed.

Parties
Applicant: Kazimir Kowalski; First Respondent: Superannuation Complaints Tribunal; Second Respondent: AMP Superannuation Ltd ABN 31 008 414 104
Jurisdiction
Australia
Judgment Date
09 December 2009
Procedural Posture
Appeal / Notice of Motion Seeking Disqualification of Judge
Outcome
Applicant's notice of motion dismissed
Legal Topics
Jurisdiction of Tribunal, Judicial Bias, Procedural Fairness
Superannuation Law Administrative Law Jurisdiction of Tribunal Judicial Bias Procedural Fairness

Case Brief

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Parties

Kazimir Kowalski

Applicant

Superannuation Complaints Tribunal

First Respondent

AMP Superannuation Ltd ABN 31 008 414 104

Second Respondent

Procedural Posture

Appeal / Notice of Motion Seeking Disqualification of Judge

Legal Issues

  1. 1 Whether the judge should disqualify himself on grounds of actual or apprehended bias
  2. 2 Whether prior judicial decisions in other proceedings involving the applicant establish bias

Ratio Decidendi

None of the applicant's arguments regarding prior judicial conduct, adverse findings, or cost orders establish actual bias or give rise to a reasonable apprehension of bias; therefore, the application to disqualify the judge is dismissed.

Court Disposition

Applicant's notice of motion dismissed

Orders

  • The applicant's application by notice of motion dated 4 November 2009 be dismissed.