Fisher v Edith Cowan University

Fisher brought an action against Edith Cowan University (ECU) seeking compensation for unfair dismissal. The university sought to have the Judicial Registrar disqualified on the basis that he had a reasonable apprehension of bias. The parties appeared before the court to address the application.

The court was required to determine whether the Judicial Registrar should be disqualified due to a reasonable apprehension of bias. The university argued that the Registrar had a relationship with a former employee of Fisher and had made comments in a previous case that could create a reasonable apprehension of bias. Fisher contended that there was no basis for the application and that it was an attempt to delay the proceedings.

The court found that the relationship between the Registrar and the former employee, along with the comments made in the previous case, were sufficient to create a reasonable apprehension of bias. The court noted that the relationship was close and that the comments made could potentially impact the impartiality of the Registrar. The court found that the application should be acceded to and that the Registrar should be disqualified from hearing the matter.

The court ordered that the Judicial Registrar be disqualified from hearing the matter and that a new Registrar be appointed. The matter was to be relisted for hearing before the new Registrar.