Bahonko v Moorfields Community & Ors

[2012] VSCA 89

Victorian Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Bias
3. › Apprehended bias
4. › Judge's associate previously associated with disqualified judge
5. › Whether fair-minded lay observer would reasonably apprehend bias
6. › Whether judicial staff's prior association with another judge gives rise to transferred pre-judgment
7. › Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
1. Courts and Judges
2. › Bias
3. › Actual bias
4. › Pre-judgment
5. › Heavy onus on party alleging actual bias
6. › Allegation must be distinctly made and clearly proved
7. › Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507
1. Courts and Judges
2. › Bias
3. › Apprehended bias
4. › Knowledge attributed to fair-minded lay observer
5. › Observer taken to know that exercise of judicial power remains that of the judge alone
6. › Role of associate and tipstaff
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decisions
4. › Whether leave required under Accident Compensation Act 1985 (Vic) s 52(1A) or County Court Act 1958 (Vic) s 74(2D)
5. › Applicant must show decision wrong or attended with sufficient doubt and substantial injustice

Quick Take

The fact that a judge's associate previously served as associate to a judge whose decision was set aside for apprehended bias does not, without more, give rise to actual or apprehended bias on the part of the new judge. The exercise of judicial power remains that of the judge alone, and a fair-minded lay observer is taken to appreciate that judicial staff do not influence the judge's decision-making.