Underwood v Metro North Hospital and Health Service

The case of Underwood v Metro North Hospital and Health Service involved an application by the appellant for the recusal or disqualification of the sessional judicial member at the Queensland Civil and Administrative Tribunal (QCAT) from hearing the appeals. The appellant also sought to vacate the dates set for the hearing of the appeals. The appellant, represented by counsel, sought the recusal of the judicial member due to perceived bias, and the vacation of hearing dates on the basis that the appellant needed more time to prepare. The respondent, Metro North Hospital and Health Service, opposed the application on both grounds.

The court was required to determine whether there were grounds for the judicial member to recuse himself or be disqualified due to bias. Additionally, the court had to assess whether there was a valid reason to vacate the hearing dates. The court noted that the appellant had not provided any evidence of actual or apprehended bias on the part of the judicial member. The appellant’s concerns were based on generalised assertions and did not substantiate the claim of bias. As for the vacation of the hearing dates, the court considered the public interest in timely resolution of disputes and the appellant's ability to prepare within the allocated timeframe. The court found that the appellant's need for additional preparation time did not constitute a sufficient ground for vacating the hearing dates.

The court dismissed both the application for recusal and the application to vacate the hearing dates. The judicial member was not disqualified from hearing the appeals, as the appellant failed to demonstrate any actual or apprehended bias. The court also rejected the application to vacate the hearing dates, emphasising the importance of a timely resolution of the disputes and the appellant's capacity to prepare within the existing timeframe. The court then set new deadlines for the filing and serving of written submissions by both parties.

The final orders of the court were that the application for recusal or disqualification of the judicial member was dismissed, the application to vacate the hearing dates was dismissed, and new deadlines for the filing of written submissions were set for the appellant and the respondent.