Martin v Hillier [2021] FCA 800

Martin v Hillier [2021] FCA 800

Due to the Full Court's strong criticism of Mr Martin's conduct and his involvement in the current proceedings, the judge considered that within the principles laid down in Ebner, he should disqualify himself and reallocate the application for leave to appeal to another judge.

Parties
Applicant: Victoria Martin; Respondent: James Hillier
Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Application for Leave to Appeal / Disqualification Application
Outcome
Application for leave to appeal to be allocated to another judge due to apparent bias.
Legal Topics
Apparent Bias, Judicial Disqualification
Practice and Procedure Apparent Bias Judicial Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

Victoria Martin

Applicant

James Hillier

Respondent

Procedural Posture

Application for Leave to Appeal / Disqualification Application

Legal Issues

  1. 1 Whether the judge should be disqualified for apparent bias due to previous participation in a Full Court decision critical of the applicant's husband

Ratio Decidendi

Due to the Full Court's strong criticism of Mr Martin's conduct and his involvement in the current proceedings, the judge considered that within the principles laid down in Ebner, he should disqualify himself and reallocate the application for leave to appeal to another judge.

Court Disposition

Application for leave to appeal to be allocated to another judge due to apparent bias.

Orders

  • The application for leave to appeal be allocated to another judge of the Court.