Recent Cases

Australian Security Academy Pty Ltd v Australasian Institute of Chartered Loss Adjusters Pty Ltd [2026] FCAFC 16 (06 March 2026) (Wheelahan, O’Sullivan and McElwaine JJ)


Catchwords:


DEFAMATION – whether imputations made out in a single email concerning accreditation requirements for membership of a professional association – imputations strained and unsupportable – primary judge correctly dismissed the proceeding.

PRACTICE AND PROCEDURE – disqualification for apprehended bias – where primary judge engaged in robust questioning of applicant’s counsel as to relative absence of merit in applicant’s claims at pre-trial hearing – importance of modern case management and understanding of the fair-minded lay observer that judges will adopt an interventionist approach and express tentative views on the merits – whether use of robust language “just nonsense” to describe counsel’s submission and “trivial” to describe the proceedings required recusal by the docket judge – held recusal application correctly refused.