Scott v Scott (Recusal Application)

[2026] FCA 1022

Federal Court of Australia

Built by Barristers,
For Australian Law.

A direction by a case management judge refusing to accept documents for filing, made in accordance with an existing court order requiring leave to file, does not without more give rise to a reasonable apprehension of bias in a fair-minded lay observer.
Where a recusal application relates to a Full Court hearing, the appropriate procedure following QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 is for the application to be determined first by the single judge and then, if unsuccessful, by the Full Court.
A challenge to a registrar's refusal to accept documents for filing should be pursued by separate review of that decision, not by interlocutory application within the substantive appeal.