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Director of Public Prosecutions v Fitzgerald

Director of Public Prosecutions v Fitzgerald

Case [2019] VCC 710

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AGLC: Director of Public Prosecutions v Fitzgerald [2019] VCC 710
Case: [2019] VCC 710
Decision Date: 17 May 2019

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Citations

Director of Public Prosecutions v Fitzgerald [2019] VCC 710

Most Recent Citation

R v C, D R (No 3) [2023] SADC 54

Cases Citing This Decision

DeMarco v Macey [2022] NSWSC 1348
Citation 1

…Corporation Pty Ltd (1986) 6 NSWLR 272 at 276 per Priestley JA, with whom Hope and Glass JJA agreed, and Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 ( Fitzgerald ) at 49 per Samuels JA, with whom Mahoney and Meagher JJA agreed). In Spedley , Kirby P (as his Honour then was) said (at 418) that: Jud…
Choi v Secretary, Department of Justice and Communities [2022] NSWCA 172
Citation 2 (Para 7)

…Corporation Pty Ltd (1986) 6 NSWLR 272 at 276 per Priestley JA, with whom Hope and Glass JJA agreed, and Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 ( Fitzgerald ) at 49 per Samuels JA, with whom Mahoney and Meagher JJA agreed). In Spedley , Kirby P (as his Honour then was) said (at 418) that:…
Yeshiva College Bondi Limited v NSW Education Standards Authority [2022] NSWCATAD 85
Citation 3 (Para 13)

…ishes a judge to disqualify himself or herself is not of itself a proper ground for the judge to recuse: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. Judges are required to discharge their professional duties unless disqualified by law. They should not accede too readily to applications for disqua…
Togher and Anor v Alexander and Ors (No.4) [2019] NSWDC 337
Citation 4 (Para 2)

…t wishes a Judge to disqualify himself or herself is not itself a proper ground for the Judge to recuse: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45;…
Dimitropoulos AND Australian Securities and Investments Commission [2019] AATA 1350
Citation 5 (Para 7)

…d issues was insufficient to give rise to a relevant apprehension of bias is provided by the decision in Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. Mr Fitzgerald had been charged with two counts of false pretences involving two unrelated incidents. On the day the charges were listed for trial th…
Noakes v Star Aviation Services Pty Ltd [2017] ACTIC 1
Citation 6 (Para 1)

…ge shopping”[6]. [5] Johnson at [12]. [6] Re JRL; Ex p CJL (1986) 161 CLR 342 at 352; Ebner at [19]; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45.…
BVT v Children's Guardian (No 2) [2016] NSWCATAD 266
Citation 7 (Para 3)

…ision-maker to disqualify himself or herself is not a proper ground for the person to recuse themselves: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. It is also accepted from that decision that the fact that a decision-maker has decided an issue in a particular way and is likely to decide it in th…
Jorgensen v Shorten [2016] NSWSC 1631
Citation 8 (Para 25)

…ishes a judge to disqualify himself or herself is not in itself a proper ground for the judge to recuse: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45.…
Fair Work Ombudsman v Priority Matters Pty Ltd and ANOR and; Fair Work Ombudsman v Superlattice Solar Pty Ltd and ANOR and; Fair Work Ombudsman v Geneasys Pty Ltd and ANOR and; Fair Work Ombudsman v KIA SILVERBROOK... [2016] FCCA 2696
Citation 9 (Para 1)

…61 CLR 342 at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 at 276; ; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 49; (c) Judges should resist being driven from their courts by the conduct or assertion of parties, including assertions of actual or imputed bias:…
REDDING and HOFMANN [2015] FCWA 47
Citation 10

…Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Fitzgerald v DPP (1991) 24 NSWLR 45 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 R v Watson; Ex parte Armstrong (1976) 136 CLR 248 Raybos Australia Pty Ltd v Tectran Corp Pty Ltd (1986) 6 NSWLR 527 Re JRL; ex parte CJL (1986) 161 CLR 342 Re Morlin…
Lazarus v Director of Public Prosecutions (NSW) [2015] NSWSC 426
Citation 11 (Para 43)

…that the Magistrate was exhibiting bias and ought recuse herself is not a sufficient basis for recusal: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 50 per Samuels JA (Meagher JA agreeing).…
R v Pratten (No 13) [2014] NSWSC 1783
Citation 12 (Para 2)

…6) 161 CLR 342 at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 at 276; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 49; (c) Judges should resist being driven from their courts by the conduct or assertion of parties, including assertions of actual or imputed bias…
Karadaghian v Big Beat (Australia) Pty Ltd (No 3) [2014] NSWSC 1691
Citation 13

…6) 161 CLR 342 at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 at 276; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 49;…
Brimelow v Sharpe [2012] NSWCA 345
Citation 14

…973 Home Building Act 1989 Supreme Court Act 1970 Cases Cited: Edyp v Brazbuild Pty Ltd [2011] NSWCA 218 Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 Garde v Dowd [2011] NSWCA 115 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46; 80 NSWLR 282 Kostas v HIA Insurance Services Pty…
Kocak v Wingfoot Australia Partners Pty Ltd [2012] VSCA 259
Citation 15 (Para 1)

…r the purposes of determining any question or matter arising under or for the purposes of the Act. [8] Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45, 50; Re McBain ; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372, 415; Hanna v Patricia O’Shane [2003] NSWSC 1055, [14]–[18]. [9] Ma…
In the matter of Cheal Industries Pty Ltd - Fitzpatrick v Cheal [2012] NSWSC 812
Citation 16 (Para 1)

…1 CLR 342, at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272, at 276 and Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45, at 49); that judges should resist being driven from their courts by the conduct or assertions of parties including assertions of actual or imputed b…
Regina v CUR24 [2011] NSWDC 177
Citation 17 (Para 1)

…horities for the proposition that a Judge should not disqualify himself merely because someone asks him to do this ( see for example Fitzgerald v DPP (1991) 24 NSWLR 45; re JL ex p CJL(1986) 161 CLR 342 at 352) As I said when this application was made on 9th September 2011, it would be an easy way out for me to acced…
Candetti Constructions Pty Ltd v Fonteyn [2010] SASCFC 63
Citation 18 (Para 19)

…Vlassakis (2001) 216 LSJS 274; R v Kamleh [2003] SASC 269 at [1], [5], [10], [22], [35], [38], [40]; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45; R v Masters (1992) 26 NSWLR 450; R v Hutchison (1993) 171 LSJS 364; R v Eastman (No 2) (1995) 121 FLR 155. [24] Australian National Industries Ltd v Spe…
Mango Boulevard Pty Ltd v Spencer [2010] QCA 207
Citation 19 (Para 1)

…d an issue in a particular way and is likely to decide it in the same way when it arises again.[46] [46] Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 50; R v Masters (1992) 26 NSWLR 450 at 471; Kwan v Kang [2003] NSWCA 336. See also JRL; Ex parte CJL (1986) 161 CLR 342 at 352.…
Midas Management Pty Ltd v Equator Communications Pty Ltd (No 2) [2009] NSWSC 1034
Citation 20

…6) 161 CLR 342 at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 at 276; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 49;…
R v Mack [2009] ACTSC 83
Citation 21

…Fitzgerald v Director of Public Prosecutions & Ors (1991) 24 NSWLR 45 De Jesus (1986) 22 A Crim R 375 Quinn (1991) 55 A Crim R 435 Bullen (1998) 102 A Crim R 74 R v CHS (2006) 159 A Crim R 560 Taipavalu (2002) 130 A Crim R 513 R v Christou [1997] AC 117 R v KRA [1999] 2 VR 708 R v GAE [2000] 1 VR 198 R v McBride [2007] ACTSC 8 R v TJB [1998] 4 VR 621 Sutt…
Abraham As Tutor for Abraham v St Marks Orthodox Coptic College (No 4) [2008] NSWSC 1031
Citation 22

…6) 161 CLR 342 at 352; Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 at 276; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 49;…
Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal (No 2) [2004] NSWCA 337
Citation 23 (Para 21)

…n. Appeal on this basis was recognised in the passages from Rajski v Wood earlier set out and in Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45, and is illustrated in Australian National Industries Ltd v Spedley Securities Ltd (in liquidation) (order refusing to list proceedings for hearing before an…
Wentworth v Graham & 1 Ors [2002] NSWCA 399
Citation 24

…(1992) 29 NSWLR 539 Barton v Walker [1979] 2 NSWLR 740 Brooks v the Upjohn Company (1998) 156 ALR 622 Chow v DPP (1992) 28 NSWLR 593 Fitzgerald v DPP (1991) 24 NSWLR 45 Gas & Fuel Corp Superannuation Fund v Saunders (1994) 123 ALR 323; 52 FCR 48 IOOF Aust Trustees Ltd v Seas Sapfor Forests [1999] SASC 249 Kartinyeri…
Johnson v Johnson [2000] HCA 48
Citation 25 (Para 13)

…te CJL (1986) 161 CLR 342 at 351 per Mason J; cf R v George (1987) 9 NSWLR 527 at 535-536 per Street CJ; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 50 per Samuels JA. [47] Galea v Galea (1990) 19 NSWLR 263 at 277. [48] Livesey (1983) 151 CLR 288 at 293-294. [49]International Covenant on Civil…
Montedeen Pty Ltd v Bamco Villa Pty Ltd [1999] VSCA 59
Citation 26 (Para 1)

…Furthermore, judges may in exchanges express their views with vigour, without necessitating their disqualification; see Galea v. Galea (1990) 19 N.S.W.L.R. 263, at 278; Fitzgerald v. Director of Public Prosecutions (1991) 24 N.S.W.L.R. 45, at 49; Australian National Industries v. Spedley Securities …
BQL Edev ELL and Commissioner of Taxation [2013] AATA 423
Citation 27 (Para 1)

…e of contested issues was insufficient to give rise to a relevant apprehension of bias is provided by in Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. Mr Fitzgerald had been charged with two counts of false pretences involving two unrelated incidents. On the day the charges were listed for trial th…
Re APCH Ltd (No 4) [2017] VSC 451
Citation 28 (Para 1)

…(1983) 151 CLR 288, 294 ; Raybos Australia Pty Ltd v Tectran Corp Pty Ltd (1986) 6 NSWLR 272, 276 ; R v George (1987) 9 NSWLR 527 ; Fitzgerald v DPP (1991) 24 NSWLR 45 ; Clenae v ANZ Banking Group Ltd [1999] 2 VR 573, 603 ; Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451, 479.…
Victorian WorkCover Authority v Roska Nedelkovska [2017] VSC 186
Citation 29

…applicant has in fact suffered no injustice because statutory law compels a particular outcome.[9] [3] Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45, 50; Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372, 415; Hanna v Patricia O’Shane [2003] NSWSC 1055 [14]-[18]. [4] Gard…
Johnson v Appeal Costs Board [2014] VSC 313
Citation 30 (Para 1)

…decline to quash the 30 July decision as doing so would be of no utility. I accept this submission. [12] Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 at 50; Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372; Hanna v O’Shane [2003] NSWSC 1055 at [14]–[18]. [13] Mann v Med…
R v C, D R (No 3) [2023] SADC 54
Citation 31 (Para 21)

…In Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 the Judge had ordered separate trials of two charges against the same accused, which were then agreed to proceed without a jury. He had determined the issue of identification against the Crown in the first trial and had then granted the Crown’s applic…

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