Victorian Legal Services Board v Kuksal, in the matter of Kuksal

The Victorian Legal Services Board filed a case against Kuksal, with the matter being heard in the Federal Court. The primary dispute centred around the potential bias of the presiding judge due to his prior professional relationships with counsel, the party involved, and a potential witness. These relationships raised concerns about the judge's ability to impartially oversee the case, particularly regarding a proposed application to cross-examine specific individuals regarding their credibility.

The court was tasked with determining whether the judge's previous professional ties constituted a reasonable apprehension of bias, and if so, whether the case should be reassigned to a different judge. The judge acknowledged the concerns regarding his longstanding relationships with the counsel and parties involved, and recognised the importance of maintaining public confidence in the judiciary. The judge concluded that, given the circumstances and his own professional obligations, it was appropriate to recuse himself to avoid any appearance of partiality.

The court ruled that the matter should be transferred to another judge as soon as practicable to ensure an unbiased hearing. This decision did not reflect any findings on the factual matters presented but was made solely on the grounds of potential bias. The judge explicitly stated that no conclusions on the facts had been made in the course of considering this issue.

The final order was for the proceeding to be transferred to another judge of the Federal Court of Australia, in accordance with Rule 39.32 of the Federal Court Rules 2011.