(Original in italics.)
23 Later that day, I directed the Registry to send the following email, addressed to the applicant, to the parties:
Your emails of 4 September 2024 at 9.59am and 5 September 2024 at 9.07am have been referred to his Honour.
His Honour has instructed me to advise that if you wish to apply to his Honour to disqualify himself from this proceeding on the ground of actual bias, you should proceed formally by filing an interlocutory application seeking that relief and stating the precise basis for it. Any such application will be heard in open court.
In the meantime, the orders made by the Court on 2 September 2024, as amended on 3 September 2024, remain. The Court expects those orders to be complied with.
24 At 4.45 pm on the same day, the applicant sent a further email to the Court with a communication addressed to me:
My email on 4/9/2024 is the interlocutory application for recusal, lodged in the same way as my application for interim suppression order, which you accepted and determined. Please refer to the precise reasons in that email/application.
Please list the application tomorrow.
If not, the request of filing of Form 35 is another display of actual bias: reckless indifference.
(Original in italics.)
25 On 6 September 2024, I directed the Registry to send the following email, addressed to the applicant, to the parties:
Your email of 5 September 2024 at 4.45pm has been referred to his Honour. His Honour has instructed me to inform you that the position set out in the email to you on 5 September 2024 at 1.30pm remains.
26 At 2.18 pm on the same day, the applicant sent an email to the Court with a communication addressed to me:
I lodged the recusal application with reasons. Your request for an interlocutory application and court hearing is further evidence of actual bias given a refusal to disqualify is not an appealable decision and the relief is to seek writ of prohibition.
If no decision is received by COB today, I will take that my application has been refused.
(Original in italics.)
27 Later that day, I directed the Registry to send the following email, addressed to the applicant, to the parties:
