PRACTICE AND PROCEDURE - recusal application - where the applicant unsuccessful in application
where substantive proceeding is an application for relief under the Fair Work Act 2009 (Cth)
Quick Take
1Membership of the Qantas Chairman's Lounge by a Federal Court judge does not, without more, give rise to automatic disqualification or a reasonable apprehension of bias in proceedings involving Qantas or its subsidiaries; the Ebner criteria requiring identification of the relevant factor, articulation of a logical connection to deviation from deciding on the merits, and assessment of reasonableness from the fair-minded lay observer's perspective must still be satisfied.
2A recusal application prompted solely by an adverse procedural ruling, unsupported by evidence of prejudgment or any logical connection between the alleged disqualifying interest and the feared departure from impartiality, will not succeed.
