FMQR and Chief Executive and Principal Registrar, High Court of Australia

This matter concerned an application for recusal brought by the Applicant, FMQR, against the Deputy President of the High Court of Australia. The Applicant sought the Deputy President's disqualification from hearing the substantive matter on the grounds of potential bias arising from previous contact with the Respondent.

The central legal issue before the Deputy President was whether the doctrine of waiver applied to the Applicant's recusal application, and whether there was significant prejudice to the parties if the recusal were granted. The Deputy President was required to determine if the potential for bias was such that it would undermine the appearance of justice, or if the prejudice caused by a recusal would outweigh any perceived impropriety.

In refusing the application, the Deputy President reasoned that recusal would cause significant prejudice to both parties, including further costs, untimely delays, and the need for witnesses to be re-examined. The Deputy President noted that while recusal applications are ideally made at the earliest opportunity, consideration was given to the Applicant being self-represented. Ultimately, the Deputy President concluded that the prejudice to the parties from recusal outweighed the grounds for the application, and that the correct and preferable decision was not to disqualify himself.