The applicant applied for review of adverse decisions by the Australian Skills Quality Authority (ASQA). The Tribunal (constituted by Deputy President Hanger AM QC) affirmed ASQA’s decisions and the applicant appealed to the Federal Court. The Federal Court allowed the appeal by consent and remitted the matter to the Tribunal for redetermination according to law.
The President of the Tribunal re-allocated the matter to Deputy President Hanger. The applicant applied to Deputy President Hanger to recuse himself on the basis that there was a reasonable apprehension that he could not impartially re-hear the matter.
Deputy President Hanger granted the application and recused himself. A copy of the judgment is available here.
Angus O’Brien (led by MH Hindman QC) appeared for the applicant, instructed by Minter Ellison.