Mbuzi v Wordsworth

In Mbuzi v Wordsworth, the applicant, Mr Mbuzi, sought leave to appeal against the decision of the primary judge, who dismissed his application for the primary judge to recuse herself from a proceeding brought under the Fair Work Act 2009 (Cth). The primary judge had previously been employed by McCullough Robertson, a firm that had acted for parties opposed to Mr Mbuzi in a previous proceeding. Mr Mbuzi argued that the primary judge should recuse herself due to this prior relationship, as well as other grounds related to the conduct of the primary judge during the case management hearing. The primary judge dismissed Mr Mbuzi's application, and he now seeks leave to appeal this decision.

The primary legal issue before the court was whether the decision of the primary judge in dismissing Mr Mbuzi's application for recusal was attended with sufficient doubt to warrant reconsideration on appeal. The court considered the principles of apprehended bias, as outlined in relevant High Court authorities, and applied them to the facts of the case. The court found that there was no logical connection between the primary judge's previous employment and the risk that she might decide the matter other than on its legal and factual merits. Additionally, the court found that the primary judge's conduct during the case management hearing did not raise a reasonable apprehension of bias.

The court concluded that the decision of the primary judge was not attended with sufficient doubt to warrant reconsideration on appeal. The court found that Mr Mbuzi's arguments, both individually and cumulatively, did not establish a reasonable apprehension of bias. The court also noted that Mr Mbuzi did not raise a particular "lobbying communication" sent by the respondents' solicitors to the primary judge's chambers as a further ground for recusal before the primary judge. Therefore, the court dismissed Mr Mbuzi's application for leave to appeal.

The court further ordered that the respondents' interlocutory application, which sought summary dismissal of Mr Mbuzi's application for leave to appeal and orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth), be dismissed with no adjudication on the merits. The court made no order as to costs in relation to either application.