Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

[2011] FCA 1341

FEDERAL COURT OF AUSTRALIA

Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 1341

Citation:		Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 1341
Parties:		DEAN COSENZA v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
File number:		SAD 218 of 2011
Judge:		FINN J
Date of judgment:		23 November 2011
Cases cited:		Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1525
Date of hearing:	23 November 2011
Place:	Adelaide
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Applicant:	The Applicant appeared in person.
Counsel for the Respondent:	Mr B Roberts
Solicitor for the Respondent:	Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 218 of 2011

BETWEEN:	DEAN COSENZA Applicant
AND:	SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS Respondent

JUDGE:	FINN J
DATE OF ORDER:	23 NOVEMBER 2011
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The matter be adjourned for hearing by another Judge on a date to be fixed.  

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 218 of 2011

BETWEEN:	DEAN COSENZA Applicant
AND:	SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS Respondent

JUDGE:	FINN J
DATE:	23 NOVEMBER 2011
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. The application in this matter was filed on 9 September 2011, its object being to set aside a bankruptcy notice served on Mr Cosenza.  In the accompanying affidavit Mr Cosenza requested that it be made returnable before me as I had conducted this matter previously.  I had no particular recollection of that.  The matter did come before me not because of this request but because I was the Duty Judge in South Australia at the time of filing. 

2. The matter being a routine one, at the first directions hearing I set a timetable for it for trial on today’s date.  Regrettably, it was only yesterday evening that, on reading the parties’ submissions, I became aware that one of the principal matters sought in the application was that I go behind a costs order I had made against Mr Cosenza in consequence of my dismissing a previous application of his:  see Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1525. In my view it is quite inappropriate for me to undertake the hearing of a matter raising that question. The more so because in proceedings leading to the second order for costs made by Lander J on 7 July 2011 which is in issue, it was pointed out to Mr Cosenza that it was still possible, albeit it would be difficult for him, to appeal against my earlier order.

3. While I understand why Mr Cosenza may have wished me to entertain this matter it is, in my view, not in the interests of the administration of justice that I do so.  The interests of the parties alone are not the sole ones that are relevant.  The present difficulty raises an issue of public interest as well.  The perception of the public about a Judge embarking upon a course such as I have been asked to in this matter is a matter of which account needs properly be taken. 

4. In the circumstances I consider it proper and appropriate that the matter be heard by another judge.  Accordingly I recuse myself. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.

Associate:
Dated:       23 November 2011