Chin v Legal Practice Board of Western Australia

[2011] WASCA 110

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Grounds of appeal
3. › Failure to identify error
4. › Attempt to reargue issues previously determined
5. › No merit in grounds of appeal
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)
1. Practice and Procedure
2. › Abuse of process
3. › Repeated litigation of same issues
4. › Application for prerogative writs against judicial officers
5. › Certiorari
6. › Whether application devoid of merit
1. Practice and Procedure
2. › Disqualification of judge
3. › Apprehended bias
4. › Actual bias
5. › Whether prior adverse decisions give rise to reasonable apprehension of bias
6. › Whether judge's mind so committed to conclusion as to be incapable of alteration
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Discretionary nature of relief
5. › Exceptional circumstances required for certiorari against State Administrative Tribunal
6. › State Administrative Tribunal Act 2004 (WA), s 60(2)

Quick Take

The fact that a judge has previously decided appeals adversely to a party does not establish apprehended or actual bias, even where the party contends those earlier decisions were wrong. Certiorari against the State Administrative Tribunal is discretionary and will only be exercised in exceptional circumstances.