Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

REASONS FOR JUDGMENT 1 The application in this matter was filed on 9 September 2011, its object being to set aside a bankruptcy notice served on Mr Cosenza. In the accompanying affidavit Mr Cosenza requested that it be made returnable before me as I had conducted this matter previously. I had no particular recollection of that. The matter did come before me not because of this request but because I was the Duty Judge in South Australia at the time of filing. 2 The matter being a routine one, at the first directions hearing I set a timetable for it for trial on today's date. Regrettably, it was only yesterday evening that, on reading the parties' submissions, I became aware that one of the principal matters sought in the application was that I go behind a costs order I had made against Mr Cosenza in consequence of my dismissing a previous application of his: see Cosenza v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1525. In my view it is quite inappropriate for me to undertake the hearing of a matter raising that question. The more so because in proceedings leading to the second order for costs made by Lander J on 7 July 2011 which is in issue, it was pointed out to Mr Cosenza that it was still possible, albeit it would be difficult for him, to appeal against my earlier order. 3 While I understand why Mr Cosenza may have wished me to entertain this matter it is, in my view, not in the interests of the administration of justice that I do so. The interests of the parties alone are not the sole ones that are relevant. The present difficulty raises an issue of public interest as well. The perception of the public about a Judge embarking upon a course such as I have been asked to in this matter is a matter of which account needs properly be taken. 4 In the circumstances I consider it proper and appropriate that the matter be heard by another judge. Accordingly I recuse myself. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.