Re F

[2013] NSWCA 239

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Bias
3. › Apprehended bias
4. › Self-represented litigant
5. › Whether firm rejection of weak submissions gives rise to reasonable apprehension of bias
6. › Whether directing litigant to move to next point constitutes bias
7. › Whether prior dismissal of related summons by same judge gives rise to apprehended bias
1. Appeal
2. › Leave to appeal
3. › No prospects of success
4. › Guardianship Tribunal orders
5. › Guardianship Act 1987 (NSW), s 67
1. Practice and Procedure
2. › Pro bono referral
3. › Whether referral should be made where application lacks reasonable prospects of success

Quick Take

A judge's firm rejection of weak or hopeless submissions, including directing a self-represented litigant to move to the next point, does not give rise to apprehended bias. The fact that the same judge previously dismissed a related summons by the same applicant does not of itself give rise to apprehended bias where the earlier dismissal was effectively inevitable.