von Risefer & Ors v Qld Department of Natural Resources and Mines; von Risefer & Ors v Qld

[2005] QCA 136

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Strike out of notice of appeal
4. › Vexatious appeal
5. › Abuse of process
6. › Inherent jurisdiction of Court of Appeal to bring vexatious appeal to summary end
7. › Whether notice of appeal identified arguable basis for challenge
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 16, 31, 371
1. Appeal
2. › Practice and procedure
3. › Strike out on court's own motion
4. › No relief claimed against respondent
5. › Whether abuse of process to persist with appeal
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Prior participation in adverse decision
5. › Whether reasonable apprehension of bias established
1. Practice and Procedure
2. › Transfer of proceedings
3. › Application to transfer to another jurisdiction
4. › Whether any utility in transfer where proceedings concluded

Quick Take

The Court of Appeal may strike out a notice of appeal on the basis of its inherent jurisdiction to prevent abuse of process where the notice identifies no arguable basis for challenging the decision below, seeks to reargue previously decided issues, and contains scandalous allegations. The Court may also act of its own motion to strike out an appeal where no relief is claimed against a respondent. A judge's participation in an earlier adverse decision does not, without more, establish a reasonable apprehension of bias.