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Luck v Secretary, Department of Human Services (No 3) [2016] FCA 100

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PRACTICE AND PROCEDURE - application by applicant for recusal based on apprehension of bias - application based on pre-judgment by reason of earlier involvement by judge in another matter concerning the applicant - whether a fair-minded lay observer might apprehend that the judge might not bring an impartial mind to resolution of the proceeding - whether observer might apprehend pre-judgment of issues arising in proceeding - whether observer might apprehend bias arising out of inclusion in earlier judgment of applicant's personal information - application dismissed PRACTICE AND PROCEDURE - application for stay of proceeding pending removal application under s 40 Judiciary Act 1903 (Cth), and pending applications for special leave to appeal in the High Court - consideration of relevant factors - stay not granted

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