Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 2)

(2011) 190 FCR 437; [2011] FCAFC 110

Full Court of the Federal Court25 August 2011

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Interrogate

Catchwords

1. Practice and Procedure
2. › Reopening of judgment before entry of orders
3. › Whether judgment should be reopened to address argument allegedly not dealt with
4. › Whether argument was raised before primary judge or on appeal
5. › Whether argument was expressly disavowed in oral argument
1. Practice and Procedure
2. › Apprehended bias
3. › Administrative decision-maker
4. › Whether reading of examination report gave rise to reasonable apprehension of bias
5. › Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), Div 453, s 487-1, s 487-10(1)

Quick Take

A court will not reopen its judgment to address an argument that was not raised before the primary judge, was not advanced in written or oral submissions on appeal, and was expressly disavowed during oral argument. The jurisdiction to reopen is not to be exercised for the purpose of re-agitating arguments already considered or to enable a party to raise arguments it failed to put.