FEDERAL COURT OF AUSTRALIA
Ogawa v Australian Information Commissioner [2025] FCAFC 37
File number(s): QUD 386 of 2023
QUD 392 of 2023
QUD 418 of 2024Judgment of: MCELWAINE, MCEVOY AND JACKMAN JJ Date of judgment: 27 March 2025 Catchwords: PRACTICE AND PROCEDURE — apprehended bias — appeal and applications to extend time and for leave to appeal in three separate matters-where applicant’s claims of apprehended bias were without merit and properly refused in each case — where relief claimed in one proceeding was in any event inutile and claim was correctly dismissed — appeal and applications for leave to appeal each to be dismissed with costs following determination whether the applicant should be the subject of a vexatious proceedings order
PRACTICE AND PROCEDURE — Consideration of invoking procedure for making a vexatious proceedings order — where applicant has initiated many matters with little or no merit — where present matters devoid of merit and an abuse of process — orders made facilitating the hearing of whether a vexatious proceedings order should be made in respect of the applicant.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)
Crimes Act 1914 (Cth) ss 5ZV, 85ZW, 85ZZA, 85ZZH
Federal Court of Australia Act 1976 (Cth) ss 17(4), 20A, 24(1A), 37AE, 37AG, 37AI, 37AM, 37AO, 37M, 37N
Federal Court Rules 2011 (Cth) rr 8.06, 35.13, 35.14, 36.01
Judiciary Act 1903 (Cth) s 39B
Migration Act 1958 (Cth)
Privacy Act 1988 (Cth)
Public Governance, Performance and Accountability Act 2013 (Cth) s 63(1)Cases cited: Bahonko v Sterjov [2008] FCAFC 30; (2008) 166 FCR 415
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424
Charan v Secretary Department of Social Services [2019] FCAFC 134; (2019) 167 ALD 206
Degning v Minister for Home Affairs [2019] FCAFC 67; (2019) 270 FCR 451
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337
Elzain v Deputy Commissioner of Taxation [2024] HCASJ 45
Ferdinands v RegistrarBurns [2024] FCAFC 105
Nathan Ltd v Rossington Holdings Pty Ltd [1992] NSWCA 137
Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398
Ogawa v Attorney- General’s Department (Recusal Application) [2023] FCA 1015
Ogawa v Commonwealth of Australia [2023] FCA 929
Ogawa v Finance Minister [2020] FCA 829
Ogawa v Finance Minister [2021] FCAFC 17
Ogawa v Finance Minister [2024] FCA 365
Praljak v State of Queensland [2022] FCA 572
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; (2023) 409 ALR 65
Division: General Division Registry: Queensland National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 85 Date of hearing: 18 March 2025 Counsel for the Appellant in QUD 386 of 2023, QUD 392 of 2023 and QUD 418 of 2024 The Appellant appeared in person Counsel for the Respondent in QUD 386 of 2023 Ms S Amos Solicitor for the Respondent in QUD 386…
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- Case
- [2025] FCAFC 37
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case were whether Dr Ogawa's claims of apprehended bias against Meagher J had any merit and if they properly justified the disqualification of the judge. Meagher J meticulously examined each of Dr Ogawa’s contentions, finding them to be devoid of merit. For instance, the omission of certain lines in an email correspondence and the failure to serve another party did not rationally connect to any apprehension of bias. The judge concluded that a fair-minded lay observer, having a broad knowledge of the material objective facts and the nature of the decision, would not reasonably apprehend bias. Dr Ogawa's claims were dismissed as they lacked a cogent or rational link to the apprehension of bias test.
Following the comprehensive analysis, Meagher J dismissed Dr Ogawa’s applications, ordering her to pay the costs of the respondents. The court also considered whether Dr Ogawa's conduct warranted a vexatious proceedings order. The extensive history of Dr Ogawa initiating numerous matters with little or no merit, coupled with the current proceedings being devoid of merit, led the court to facilitate a hearing on whether such an order should be made against her. The court found that the applications for leave to appeal were to be dismissed, and the costs were to be paid by Dr Ogawa.
Orders
Orders of the court
1. Following the determination of the process timetabled at orders (2) – (6) as made in proceeding QUD 386 of 2023, the application for leave to appeal be dismissed and the applicant pay the respondent’s costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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