Seeto v Uber Australia Pty Ltd - [2025] FCA 1032

FEDERAL COURT OF AUSTRALIA
Seeto v Uber Australia Pty Ltd [2025] FCA 1032

File number(s): NSD 797 of 2025

Judgment of: SHARIFF J

Date of judgment: 27 August 2025

Catchwords: COURTS AND JUDGES – reasonable apprehension of bias – prospect of recusal raised on docket judge’s own assessment - circumstances giving rise to reasonable apprehension of bias – former professional relationship with client/litigant in multiple previous proceedings – reasonable apprehension of bias established

Legislation: Fair Work Act 2009 (Cth)

Cases cited:
Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd & Qantas Airlines (1996) 65 FCR 215

Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29

Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337

QYFM v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs [2023] HCA 15; 279 CLR 148

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 14

Date of hearing: 27 August 2025

Solicitor for the Applicant: The Applicant appeared in person

Solicitor for the Respondent: Mr T Sebbens of Ashurst
ORDERS

NSD 797 of 2025

BETWEEN:
PHILLIP SEETO

Applicant

AND:
UBER AUSTRALIA PTY LTD (RAISER PACIFIC PTY LTD)

Respondent

ORDER MADE BY:

SHARIFF J

DATE OF ORDER:

27 AUGUST 2025

THE COURT ORDERS THAT:
1.The proceedings be referred to the National Operations Registrar for reallocation to another judge of the Court as soon as practicable.
2.The matter proceed by way of strict pleading.
3.The applicant file and serve a Statement of Claim by 5.00pm on 30 September 2025. The applicant is to confirm the proper respondent(s) in the Statement of Claim.
4.The respondent to write to the applicant to seek further and better particulars by 14 October 2025.
5.The applicant to provide a response to the request for further and better particulars and any documents requested by the respondent by 28 October 2025.
6.The respondent file and serve a Defence by 5.00pm on 25 November 2025.
7.The matter be listed for case management hearing at a time convenient to the new docket judge.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
Delivered ex tempore
SHARIFF J:

The applicant, Mr Phillip Seeto, has commenced proceedings against the respondent, Uber Australia Pty Ltd (Uber). Mr Seeto claims, amongst other things, that he was an employee of Uber and makes claims as to contraventions of the Fair Work Act 2009 (Cth) including as to adverse action and “sham contracting”.
The proceedings were allocated to my docket. After being notified that I was the docket judge, I listed the matter for a case management hearing. Shortly after this time, I became aware that Mr Sebbens of Ashurst had entered an appearance as the solicitor for Uber. This prompted me to realise that Mr Sebbens had instructed me to appear for Uber in the past in other proceedings when I was a barrister. I determined to raise this issue…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Seeto v Uber Australia Pty Ltd

Details

AGLC: Seeto v Uber Australia Pty Ltd [2025] FCA 1032
Case: [2025] FCA 1032
Decision Date: 27 August 2025

CaseChat Overview and Summary

In the Federal Court, Seeto commenced proceedings against Uber Australia Pty Ltd, seeking compensation for alleged unfair dismissal and associated claims. The matter was assigned to a judge with whom Seeto had a prior professional relationship, raising concerns about potential bias. Seeto applied for the judge to recuse themselves from the case, arguing that their past interactions with Seeto created a reasonable apprehension of bias.

The court needed to determine whether the judge's prior professional relationship with Seeto was such that it could reasonably give rise to an apprehension of bias. The judge considered the nature and extent of their previous dealings, the timing of these interactions, and whether they could be seen to have formed an opinion on the merits of Seeto's case. The court found that the previous interactions were significant enough to establish a reasonable apprehension of bias, warranting the judge's recusal.

Consequently, the court ordered the proceedings be reassigned to another judge and outlined a new timeline for filing and serving pleadings. The applicant was required to file and serve a Statement of Claim by a specified date, with the respondent to seek further particulars thereafter. The respondent was also required to file and serve a Defence by a later date. The matter was to be listed for a case management hearing once reassigned.

The final orders included the referral of the proceedings to the National Operations Registrar for reassignment to another judge, mandated strict pleading procedures, and set specific timelines for the filing and serving of pleadings and further particulars. These orders were made under the Federal Court Rules 2011.

Orders

Orders of the court

1. The proceedings be referred to the National Operations Registrar for reallocation to another judge of the Court as soon as practicable.

2. The matter proceed by way of strict pleading.

3. The applicant file and serve a Statement of Claim by 5.00pm on 30 September 2025. The applicant is to confirm the proper respondent(s) in the Statement of Claim.

4. The respondent to write to the applicant to seek further and better particulars by 14 October 2025.

5. The applicant to provide a response to the request for further and better particulars and any documents requested by the respondent by 28 October 2025.

6. The respondent file and serve a Defence by 5.00pm on 25 November 2025.

7. The matter be listed for case management hearing at a time convenient to the new docket judge.

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

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Ratio Decidendi

Legal Principle Established

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File number(s):	NSD 797 of 2025
Judgment of:	SHARIFF J
Date of judgment:	27 August 2025
Catchwords:	COURTS AND JUDGES – reasonable apprehension of bias – prospect of recusal raised on docket judge’s own assessment - circumstances giving rise to reasonable apprehension of bias – former professional relationship with client/litigant in multiple previous proceedings – reasonable apprehension of bias established
Legislation:	Fair Work Act 2009 (Cth)
Cases cited:	Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd & Qantas Airlines (1996) 65 FCR 215 Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 QYFM v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs [2023] HCA 15; 279 CLR 148
Division:	Fair Work Division
Registry:	New South Wales
National Practice Area:	Employment and Industrial Relations
Number of paragraphs:	14
Date of hearing:	27 August 2025
Solicitor for the Applicant:	The Applicant appeared in person
Solicitor for the Respondent:	Mr T Sebbens of Ashurst

ORDER MADE BY:	SHARIFF J
DATE OF ORDER:	27 AUGUST 2025