Bias as a Result of Other Proceedings Involving the Same Parties

Date Published

The fact that a hearing officer has been involved in earlier proceedings in relation to the same matter, e.g. an extension of time or a sec 104 amendment, does not disqualify that person from hearing subsequent proceedings, such as the substantive opposition, because of an apprehension of bias (see Re J.R.L.; Ex Parte C.J.L., 161 CLR 342 at 352).

Where a party raises concerns that a hearing officer has previously decided some of the same matters in an earlier decision, the considerations set out in Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd (No 5) [2020] FCA 1243 will provide useful guidance.