Thomas v University of Melbourne

In the case of Thomas v University of Melbourne, the applicant, Thomas, applied to the Federal Court for a range of interlocutory orders, including an injunction to maintain the status quo and other relief in relation to claims of racial discrimination and bullying during his PhD studies at the University of Melbourne. The University of Melbourne opposed the application and, in turn, applied for a stay of the proceedings. Thomas subsequently filed an application for the recusal of the judge on the basis of apprehended bias.

The central legal issue before the court was whether there were circumstances that would lead a reasonable observer to conclude that the judge might be biased in relation to the proceedings, thereby necessitating the judge's recusal. This involved an assessment of both apprehended bias and actual bias, as articulated in legal precedents such as Ebner v Official Trustee in Bankruptcy.

The court considered the grounds for the recusal application and examined whether there were any facts that could give rise to a reasonable apprehension of bias. The court found that there were no circumstances that would lead a reasonable observer to conclude that the judge might be biased. The application for recusal was dismissed as there was no evidence to support the claim of apprehended or actual bias. Consequently, the application for a stay of the proceedings remained to be determined on its merits.

No further orders were made in relation to the recusal application beyond its dismissal. The court proceeded to consider the substantive application for an injunction and other relief on the basis of the evidence and arguments presented by the parties.