De Alwis v WA [No 4]

[2015] WASCA 43

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Recusal
3. › Apprehended bias
4. › Whether prior adverse decisions by judge give rise to reasonable apprehension of bias
5. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
1. Practice and Procedure
2. › Recusal
3. › Actual bias
4. › Whether judge's mind so committed to conclusion as to be incapable of alteration
5. › Whether prior adverse rulings establish actual bias
1. Practice and Procedure
2. › Recusal
3. › Duty to sit
4. › Whether judicial officers should accede to suggestions of appearance of bias
5. › Balance between justice being seen to be done and duty to sit

Quick Take

A judge's prior adverse decisions against a party do not, without more, provide a proper basis for a claim of actual or apprehended bias warranting recusal.