In long and complex trials, tension between judge and counsel — including criticism of counsel's conduct, refusal to hear re-argument of decided points, and firm case management — does not of itself give rise to a reasonable apprehension of bias, provided the fair-minded observer would not conclude that the judge's attitude to counsel would affect the judge's assessment of the client's case. Where contractual provisions are capable of being read as either creating a complete exception to a general obligation or merely setting a minimum floor, the clauses are ambiguous and extrinsic evidence is admissible under the Codelfa principles. A complaint of bias may be raised on appeal against an interlocutory order even if the disqualification decision itself is not independently appealable.
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