Chen v Monash University

[2015] FCA 356

FEDERAL COURT OF AUSTRALIA

Chen v Monash University [2015] FCA 356

Citation:	Chen v Monash University [2015] FCA 356
Appeal from:	Chen v Monash University [2015] FCA 130
Parties:	QIZHI CHEN v MONASH UNIVERSITY, CHRIS DAVIES and GEORGE SIMON
File number:	VID 122 of 2015
Judge:	PAGONE J
Date of judgment:	9 April 2015
Catchwords:	PRACTICE AND PROCEDURE – Request for recusal of judge from case management of appeal – whether reasonable apprehension of bias – scope of judge’s obligation to disclose associations.
Cases cited:	Bienstein v Bienstein (2003) 195 ALR 225 Buzzacott v Hill (Transcript, 1 April 1999, Federal Court of Australia) Eastman v Somes (No 2) 27 ALD 525 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 Limbo v Little (1989) 65 NTR 19 R v Chairman of General Sessions at Hamilton; Ex Parte Atterby [1959] VR 800 S & M Motor Repairs Pty Ltd v Caltex Oil (Australia) Pty Ltd (1988) 12 NSWLR 358
Perry, M A, Disqualification of Judges: Practice and Procedure (2001) Australian Institute of Judicial Administration
Date of hearing:	9 April 2015
Date of publication of reasons:	17 April 2015
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	3
Counsel for the Appellant:	The Appellant appeared in person
Counsel for the Respondents:	Ms R M Nelson
Solicitor for the Respondents:	Lander & Rogers

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 122 of 2015

BETWEEN:

QIZHI CHEN
Appellant

AND:

MONASH UNIVERSITY
First Respondent

CHRIS DAVIES
Second Respondent

GEORGE SIMON
Third Respondent

JUDGE:	PAGONE J
DATE OF ORDER:	9 APRIL 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.Request for recusal rejected.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 122 of 2015

BETWEEN:

QIZHI CHEN
Appellant

AND:

MONASH UNIVERSITY
First Respondent

CHRIS DAVIES
Second Respondent

GEORGE SIMON
Third Respondent

JUDGE:	PAGONE J
DATE:	9 APRIL 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The appellant, Dr Qizhi Chen, requested that I recuse myself from sitting as the judge managing her appeal on the grounds of my connection with Monash University.  Her application was made initially by letter dated 31 March 2015 and then orally at the case management hearing of her appeal on 9 April 2015.  Her letter identified her ground for my recusal as being that:

   [I am] a panel member of Monash University (Attachment).  As such, the case is currently virtually managed by the Respondent University, which is inappropriate.

   Her letter contained, as an attachment, a print of a page from the website of the Faculty of Law at Monash University, which stated that I have taught in the law faculty and that I am “a member of the Monash University Law Postgraduate Advisory Panel specialising in Commercial Law and [was] a recipient of the Monash University Distinguished Alumni Award”.  The course identified on the website was a…