Mowen v Electoral Commission of Queensland

[2015] QCA 221

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from Supreme Court
3. › Dismissal of originating application
4. › Whether primary judge denied natural justice
5. › Whether grounds of appeal engaged with reasons below
1. Practice and Procedure
2. › Natural justice
3. › Fair hearing
4. › Self-represented litigant
5. › Whether opportunity to be heard was afforded
1. Practice and Procedure
2. › Costs
3. › Inquiry by judge of successful party as to costs application
4. › Whether inquiry constituted encouragement or coercion
1. Constitutional Law (Cth)
2. › Judicial power
3. › State Supreme Courts
4. › Whether Supreme Court of Queensland required to identify constitutional source of power to hear application

Quick Take

The ability of a primary judge to deliver ex tempore reasons dismissing a misconceived application does not, without more, establish predetermination or prejudice. A judge's inquiry of counsel for the successful party as to whether they have a costs application is standard and appropriate practice, not improper encouragement.