Martin v Fasham Johnson Pty Ltd

Martin appealed against a decision of the Victorian Civil and Administrative Tribunal's Domestic Building List, which had dismissed his claim for breach of contract and misleading or deceptive conduct against Fasham Johnson. The Tribunal had dismissed the proceeding on the basis that Martin had acted as a material witness and as his own legal practitioner, in breach of the relevant professional conduct rules. Martin argued that the Tribunal's decision to dismiss his proceeding was flawed, that the Tribunal member had failed to act without apprehended bias, and that the Tribunal ought to have been differently constituted.

The court considered whether the Tribunal was correct to dismiss the proceeding on the basis that Martin had breached the professional conduct rules. The court held that the Tribunal's decision was correct, as the rules clearly prohibited a legal practitioner from acting if they were a material witness in the proceeding. The court also considered whether the Tribunal member had failed to act without apprehended bias. The court found that the member had not failed to act without apprehended bias, as there was no real likelihood that a fair-minded observer would think that the member might not bring an impartial and unprejudiced mind to the resolution of the questions the Tribunal was required to decide. The court further considered whether the Tribunal ought to have been differently constituted. The court held that the Tribunal was not required to be differently constituted, as there was no basis for concluding that the Tribunal member was not suited to hear the proceeding.

Martin's appeal was dismissed, and the orders of the Tribunal were affirmed.