Recent Cases

GetSwift Limited v Webb [2021] FCAFC 26 (05 March 2021) (Middleton, McKerracher and Jagot JJ)


COURTS AND JUDICIAL SYSTEM – apprehended bias – where judge hearing a regulatory civil penalty proceeding and a representative proceeding under Pt IVA of the Federal Court Act 1976 (Cth) consecutively – where judge intends to deliver judgment in both proceedings contemporaneously – where there is different and potentially conflicting evidence in the two proceedings – where there is no evidence of prejudgment – whether extraneous information has a subconscious effect on decision-making – whether hypothetical observer considers a judge to have the ability to discard extraneous information – recognition of human frailty by the hypothetical observer

PRACTICE AND PROCEDURE – costs – contradictor appointed by the Court without any order for payment of costs – parties proceeding on assumption that contradictor was appearing pro bono