Ibrahim v Herring [No 3]

[2011] WASCA 265

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Disqualification of judge
3. › Bias
4. › Actual bias
5. › Whether judge prejudged the case
6. › Whether mind committed to conclusion already formed
1. Practice and Procedure
2. › Disqualification of judge
3. › Bias
4. › Apprehended bias
5. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
6. › Procedural directions hearing
7. › Whether procedural case management gives rise to apprehension of bias

Quick Take

Procedural case management steps, including directions hearings about filing deadlines and listing matters for hearing, do not give rise to actual or apprehended bias where they do not involve any consideration of the merits of the case.