CM v Secretary, Department of Communities and Justice

[2021] NSWCA 244

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Recusal
3. › Application for recusal rejected by District Court judge
4. › Judicial review of recusal decision
5. › Whether unsubstantiated complaints to Judicial Commission entitle litigant to disqualification of judge
6. › Whether litigant has right to choose or veto judge
1. Practice and Procedure
2. › Judicial review
3. › Prematurity
4. › Whether application for recusal premature where judge engaged only in case management and final hearing not yet commenced
1. Practice and Procedure
2. › Mode of attendance
3. › Audio-visual link
4. › Whether Court of Appeal should intervene in District Court's administrative arrangements regarding mode of attendance during COVID-19 pandemic

Quick Take

Filing complaints with the Judicial Commission does not create a basis for recusal, and recusal applications must be made to the judge in question at the time of the final hearing, not prematurely during case management.

Case Details

Citation[2021] NSWCA 244

CourtNSWCA

JurisdictionNew South Wales

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Cited by4

2025Mbuzi v World Vision AustraliaFCA 466
and 3 more after sign-in

Relies on1

2020CM v Minister for Families, Communities and Disability ServicesNSWCA 347

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