Toben v Jones FCAFC 158

May 21st, 2002

Brief outline from the FOC report:

This is an application for leave to appeal from interlocutory orders, by way of directions, given by the learned primary judge on 4 April 2002. The application for leave to appeal was not made until 6 May 2002, considerably outside the seven day limit prescribed by the Federal Court Rules. The principal matter of complaint by the applicant for leave to appeal, Dr Toben , who appears in person, is that her Honour set down for hearing two notices of motion in the face of his request to her Honour that the proceedings should be indefinitely adjourned by reason of his inability to date to obtain legal advice. The notice of motion before the Court today also seeks an order from the Court that her Honour be excused from the case and it was said that this arises from alleged bias on her Honour’s part.

Toben v Jones [2002] FCAFC 158