Luck v University of Southern Queensland (No 2)

Luck applied for judicial review of a decision of the University of Southern Queensland to terminate his employment. The dispute was heard in the Queensland Supreme Court, where Tracey J presided. The applicant sought to disqualify the judge, claiming bias. He argued that the judge had previously been involved in a proceeding between the applicant and the university, which suggested an irrebuttable bias.

The legal issues before the court included whether the previous involvement of the judge in a matter between the same parties was sufficient to establish bias. The court examined the circumstances of the prior involvement, the nature of the judge's role in that proceeding, and whether those circumstances could reasonably give rise to a perception of bias. Additionally, the court considered whether the applicant had adduced evidence sufficient to establish bias on the part of the judge.

The court found that the prior involvement of the judge did not establish bias. Tracey J held that the nature of the previous involvement was not such that a reasonable observer, informed of all the facts, would think the judge was biased. The judge's previous role was not such that it could give rise to a perception of bias in the current matter. The court also noted that the applicant had not provided sufficient evidence to rebut the presumption of impartiality. The application to disqualify the judge was therefore dismissed.