The apprehended bias test from Ebner v Official Trustee in Bankruptcy applies to Court of Appeal Registrars exercising case management functions. Case management directions consistent with the overriding purpose in s 56 of the Civil Procedure Act 2005 (NSW) will not support a finding of actual or apprehended bias, even where a self-represented litigant perceives unfairness in timetabling. A single Judge of Appeal has no power under s 46 of the Supreme Court Act 1970 (NSW) to determine an application for leave to appeal or the appeal itself.
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