Courts – Judges – Bias – Reasonable apprehension of bias – Where proceedings for contraventions of civil penalty provisions of National Consumer Credit Protection Act 2009 (Cth) bifurcated into liability and penalty stages – Where primary judge made adverse credit findings at liability stage – Where contraventions established – Where primary judge recused himself from hearing penalty stage – Whether recusal justified on basis of reasonable apprehension of bias – Whether findings at liability stage revealed animus or prejudgment.
Words and phrases – "adverse credibility findings", "adverse credit findings", "animosity", "animus", "bifurcated hearing", "civil penalty proceedings", "double might test", "fair-minded lay observer", "finality of judicial decisions", "impartial mind", "logical connection", "ordinary judicial practice", "prejudgment", "reasonable apprehension of bias", "recusal".
Federal Court of Australia Act 1976 (Cth), ss 37P, 59.
National Consumer Credit Protection Act 2009 (Cth), ss 166, 167, Sch 1.
Federal Court Rules 2011 (Cth), rr 30.01, 30.02.