Skip to content

Apprehended bias November 18, 2015

Jensen Laundry Systems Australia Pty Ltd v Raskopoulos [2015] NSWCA 352

22 The question raised by the application for disqualification on the basis of apprehended bias was whether “a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of the question the judge is required to decide”: Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 at [31]. As the plurality judgment then observed at [63], it is necessary for the party asking a judge to disqualify him or herself, having identified the conduct said to give rise to the apprehension of bias through pre-judgment, to articulate the connection between that conduct and the possibility of departure from impartial decision-making with respect to the questions to be decided. See also Barakat v Goritsas (No 2) [2012] NSWCA 36 at [12] per Basten JA.

Related Articles:

Grappling with competing evidence

A collection and application of the principles governing s. 50D of the Limitation Act, 1969

Accident, recklessness and insurance

Scope of orders available on judicial review




Social Media

Subscribe to the weekly newsletter

Please enter your name.
Please enter a valid email address.
Something went wrong. Please check your entries and try again.
Social Media Auto Publish Powered By :
Scroll To Top