Individual comments by a tribunal member during interlocutory hearings that may be innocuous in isolation can cumulatively give rise to a reasonable apprehension of bias when considered together, particularly where the tribunal agrees with one party's characterisation of the other party's case before the substantive hearing. The question whether the 'real prospect of success' test under s 14C of the Supreme Court Act 1986 applies to applications for leave to appeal under s 148 of the VCAT Act was left open, with both judges suggesting the traditional Hulls test may continue to apply.
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