Blatchford v Clubley

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Blatchford v Clubley

[2015] NSWLEC 1041

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Blatchford v Clubley

[2015] NSWLEC 1041

Land and Environment Court New South Wales Medium Neutral Citation: Blatchford & Anor v Clubley & Anor [2015] NSWLEC 1041 Hearing dates:29 January 2015Date of orders: 29 January 2015 Decision date: 29 January 2015 Jurisdiction:Class 2Before: Galwey AC Decision: Application for recusal refused Catchwords: APPLICATION FOR RECUSAL Category:Procedural and other rulingsParties: J Blatchford and L Bianchi (Applicants) G Clubley and S Ierace (Respondents) Representation: First Applicant in person First Respondent in person File Number(s):20640 of 2014EXTEMPORE Judgment ACTING COMMISSIONER: Mr Blatchford, I have considered your comments and I understand that, of course, you want to ensure that you have a fair hearing, so I will just respond with my comments, which lead me to believe that there is no basis for me to recuse myself and there are no grounds on which there is any basis for actual or apprehended bias. The reasons for that are that my only relationship with Mr Clubley in the past has been an association on a Standards Australia committee where we worked together on developing a professional Standard for arboriculture, and that was from 2007, perhaps, to 2009 with occasional meetings in Sydney, during which time I lived, as I do now, in Melbourne. We would be in a meeting room with other arborists and other professionals for a day a few times per year during that time. Since then I continue to live in Melbourne. I have never worked professionally with Mr Clubley in that time. Since then I have not worked with...

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Blatchford v Clubley

[2015] NSWLEC 1041

Land and Environment Court New South Wales Medium Neutral Citation: Blatchford & Anor v Clubley & Anor [2015] NSWLEC 1041 Hearing dates:29 January 2015Date of orders: 29 January 2015 Decision date: 29 January 2015 Jurisdiction:Class 2Before: Galwey AC Decision: Application for recusal refused Catchwords: APPLICATION FOR RECUSAL Category:Procedural and other rulingsParties: J Blatchford and L Bianchi (Applicants) G Clubley and S Ierace (Respondents) Representation: First Applicant in person First Respondent in person File Number(s):20640 of 2014EXTEMPORE Judgment ACTING COMMISSIONER: Mr Blatchford, I have considered your comments and I understand that, of course, you want to ensure that you have a fair hearing, so I will just respond with my comments, which lead me to believe that there is no basis for me to recuse myself and there are no grounds on which there is any basis for actual or apprehended bias. The reasons for that are that my only relationship with Mr Clubley in the past has been an association on a Standards Australia committee where we worked together on developing a professional Standard for arboriculture, and that was from 2007, perhaps, to 2009 with occasional meetings in Sydney, during which time I lived, as I do now, in Melbourne. We would be in a meeting room with other arborists and other professionals for a day a few times per year during that time. Since then I continue to live in Melbourne. I have never worked professionally with Mr Clubley in that time. Since then I have not worked with...