A refusal by a District Court judge to disqualify for apprehended bias does not constitute a 'judgment or order' under s 127 of the District Court Act 1973 (NSW) and is not appealable; the remedy lies in prohibition under s 69 of the Supreme Court Act 1970 (NSW), which is discretionary. The Court will not intervene at an interlocutory stage unless it is clearly established that the fair-minded observer would apprehend pre-judgment, and the hypothetical observer is to be attributed knowledge of the full context of the proceedings. Intemperate or discourteous judicial conduct does not of itself establish apprehended bias. The question of apprehended bias may be raised again after final judgment if the party has preserved their objection.
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