Selth in a Representative Capacity for the Members of the Australian Bar Association v Australasian Barrister Chambers Pty Limited

The application before the court was made by Mr Selth in a representative capacity for the members of the Australian Bar Association and sought an order for joinder in proceedings against Australasian Barrister Chambers Pty Limited. The application was brought in the Federal Court of Australia. The primary issue before the court was whether there was a reasonable apprehension of bias on the part of the judge hearing the application. The court was required to determine whether this apprehension was sufficient to prevent the judge from fairly hearing and deciding the matter.

In determining the issue of bias, the court examined the circumstances and found that no reasonable apprehension of bias was established. The court considered the principles of bias and the need to ensure that the administration of justice is seen to be fair. It was found that the judge's previous involvement in the matter did not give rise to a reasonable apprehension of bias. The court noted that the previous involvement was limited to an interlocutory application, and there was no evidence of any bias or partiality on the part of the judge. The court concluded that the judge was able to fairly hear and decide the application.

The court made an order for the Australian Bar Association Ltd to be joined as the second applicant in the proceeding. The applicants were granted leave to file and serve a Further Amended Originating Application and an Amended Statement of Claim. The respondents were required to file and serve their affidavit evidence in answer by a specified date. The proceeding was stood over for further directions to a specified date. The costs of the interlocutory application were reserved, and the applicants were required to pay any costs thrown away as a result of the amendments made.