SunshineLoans Pty Ltd (ACN 092 821 960) v. Australian Securities and Investments Commission

Lower Court Judgment

24/03/2025 Federal Court of Australia (Perram, Bromwich and Colvin JJ) 

[2025] FCAFC 32 

Catchwords

Consumer law – civil penalties – reasonable apprehension of bias - recusal – National Consumer Credit Protection Act 2009 (Cth) ss 166 and167 - where proceedings to be heard in two stages as to liability and penalties - where contravention of the civil penalty provision has been found by the judge - where judge made credibility findings against witness who would give further evidence at the penalties stage – whether judge is able to continue presiding impartially over the matter at the penalties stage – whether the Ebner apprehended bias principles apply in an application for the imposition of a civil pecuniary penalty – whether the double might test should be applied.