Scott v Scott (Recusal Application)

[2026] FCAFC 124

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - application for recusal - where application for recusal made against one member of multi-member bench - alleged reasonable apprehension of bias - application dismissed

Where a recusal application is made against one member of a multi-member appellate bench, the preferable course following the plurality in QYFM is for the impugned judge to first determine the application independently; if dismissed but maintained, the full coram must then independently satisfy itself that no apprehension of bias arises, as the issue goes to jurisdiction.
An assumed error by a judge in refusing to accept documents for filing — whether characterised as an exercise of administrative rather than judicial power — does not supply a logical connection to an apprehended deviation from deciding a substantive appeal on its merits, and therefore cannot ground a reasonable apprehension of bias.