Former Monash lecturer loses judicial bias claim

A former Monash University professor who alleged he was a victim of diversity policies because he’s “young” and “British” has failed to make out a bias claim against a senior judge.

Reuben Kirkham has returned to court after losing his general protections application at the Federal Circuit and Family Court before Judge Salvatore Vasta last year, where he claimed that he was a victim of the university’s DEI policy as a “young”, “British”, “non-indigenous male”.

This time, before the Federal Court, Justice Michael Feutrill tossed Kirkham’s appeal on the grounds that Judge Vasta must face recusal as he was biased in the form of prejudgment.

“For all of the foregoing reasons, the appellant has not demonstrated actual bias or a reasonable apprehension of bias. Therefore, the application for recusal is dismissed,” Justice Feutrill said in his judgment.

Outside of the hearing, Kirkham emailed the chambers questioning whether Judge Vasta was a genuine judge based on his “lack of mental competence”.

The chambers found that these were not appropriate communications with chambers staff and were discourteous and disrespectful, and were forwarded to the Queensland Registry.

In response to the chambers staff, the applicant said: “If you obstruct my access to the court (including by referring that email to the registry), then I regret to point out that I may be forced to make such an application against yourself [sic] personally. I sincerely hope you do not take things that far.”

Kirkham then said in an email to the Queensland Registry: “Why is [Judge] Vasta still being allowed to pretend he is a judicial officer and no steps have been taken to suspend him (this might be a question for the Chief Judge to answer).”

A Federal Court practice note advises self-represented litigants: “You must not send multiple similar emails to the court or try to argue your case in emails. The time and place for presenting your case is during court hearings or in documents that you have been told by the court to provide.”

In his decision, Judge Feutrill stressed that the grounds of appeal for raising allegations of bias are of a serious nature and tossed Kirkham’s claim.

However, the court ordered Kirkham to file and serve a notice of appeal for his case containing three new grounds for case management hearing.

The case citation: Kirkham v Monash University (No 2) [2026] FCA 454.