Brisciani v Piscioneri (No 2)

[2016] ACTCA 24

ACT 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 had prejudged case against applicant
6. › Whether statements in related proceedings showed pre-judgment
1. Practice and Procedure
2. › Disqualification of judge
3. › Bias
4. › Apprehended bias
5. › Whether fair-minded lay observer would apprehend bias
6. › Judge hearing case involving same party where decision pending in related proceedings
7. › Whether judicial case management decisions give rise to apprehension of bias
1. Practice and Procedure
2. › Disqualification of judge
3. › Duty to sit
4. › Whether judge has duty to hear case absent valid ground for disqualification

Quick Take

The Court held that the mere fact that a judge has another pending matter involving the same parties does not, without more, give rise to a reasonable apprehension of bias.