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Cth – Federal Court judge recuses herself over associate’s personal relationship with a party’s former solicitor (Thompson v Lane)

Date: 8 April 2025
Court: Federal Court of Australia – Queensland District Registry
Judge(s): Meagher J
Judgment date: 17 February 2025
Catchwords: Recusal of judge – reasonable apprehension of bias – whether fair-minded lay observer might reasonably apprehend a lack of impartial mind

Abstract:

In Thompson v Lane [2025] FCA 297, a judge of the Federal Court of Australia recused herself from hearing an application for leave to appeal on the basis that her associate’s longstanding quasi-familial relationship with the applicant’s former solicitor could create an apprehension of bias.

Background

The self-represented applicant, Thompson, was engaged in an ongoing dispute with the respondent, Lane, who was her trustee in bankruptcy.

Thompson applied for leave to appeal orders made by the Federal Court of Australia in respect of the legal fees of Shand Taylor Lawyers, acting on behalf of Lane.

Thompson alleged, among other things, that Lane had made unauthorised payments from her bankrupt estate, including payments to Shand Taylor Lawyers and to Londy Lawyers, a firm that…