Finch v The Heat Group Pty Ltd (No 2)

Finch sought to restrain the legal practitioners of The Heat Group Pty Ltd from acting in proceedings before the Federal Court, citing potential bias and a conflict of interest. The Federal Court was tasked with determining whether such an application was appropriate in its appellate jurisdiction. The central legal issue was whether the Court could exercise its inherent jurisdiction to restrain a practitioner from appearing before it in an appellate capacity. The Court found that such an order was not appropriate in its appellate jurisdiction. It reasoned that the inherent jurisdiction to restrain practitioners was a trial court power, not typically exercised by appellate courts. The Court also highlighted that the proper forum for addressing potential bias or conflicts of interest was through an appeal or an application under section 35 of the Judiciary Act 1903. Therefore, the application was dismissed, with the Court reaffirming the limitations on its appellate jurisdiction in this regard.