Neil v Legal Profession Complaints Committee

[2012] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Compliance with court rules
4. › Failure to file appeal book indexes
5. › Whether appeal should be dismissed for non-compliance
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), rr 32(9), 38, 43(2)(g)(ii)
1. Practice and Procedure
2. › Stay of proceedings
3. › Application for stay of appellant's own appeal
4. › Whether new complaint against respondent justified stay
1. Practice and Procedure
2. › Disqualification of judge
3. › Apprehended bias
4. › Whether preliminary procedural observation by judge constituted prejudgment

Quick Take

A preliminary procedural observation by a judge referring a matter back to a registrar with a practical suggestion does not constitute prejudgment giving rise to actual or apprehended bias. An appellant is not entitled to a stay of their own appeal, nor entitled to have an appeal referred to mediation.

Case Details

Citation[2012] WASCA 5

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2011Neil v Legal Profession Complaints CommitteeWASCA 48
2006Concrete Pty Ltd v Parramatta Design and Developments Pty LtdHCA 55
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