ResMed Limited v Australian Manufacturing Workers' Union [2015] FCAFC 106

ResMed Limited v Australian Manufacturing Workers' Union [2015] FCAFC 106

A fair-minded observer would not reasonably apprehend that Vice President Hatcher, by reason only of his participation in an earlier Full Bench that determined related legal issues on uncontested facts, would not approach the pending matters impartially. The application was therefore untenable and dismissed.

Jurisdiction
Australia
Judgment Date
12 August 2015
Procedural Posture
Application for Judicial Review/prohibition / Final Judgment on Application (dismissal)
Outcome
Application dismissed
Legal Topics
['apprehended Bias' 'procedural Fairness' 'fair Work Commission' 'consistency of Decisions']
['practice and Procedure' 'industrial Law'] ['apprehended Bias' 'procedural Fairness' 'fair Work Commission' 'consistency of Decisions']

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Procedural Posture

Application for Judicial Review/prohibition / Final Judgment on Application (dismissal)

Legal Issues

  1. 1 ['Whether there is a reasonable apprehension of bias if a tribunal member, who previously expressed legal opinions in a related matter, is to sit on a subsequent Full Bench considering similar issues between the same parties']

Ratio Decidendi

A fair-minded observer would not reasonably apprehend that Vice President Hatcher, by reason only of his participation in an earlier Full Bench that determined related legal issues on uncontested facts, would not approach the pending matters impartially. The application was therefore untenable and dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']