Rayney v WA [No 3]

[2020] WASCA 209

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Application to disqualify
3. › Apprehended bias
4. › Whether reasonable apprehension of bias as a result of hearing previous proceedings involving the appellant
5. › Whether prior appellate review of tribunal findings constitutes independent findings by the judge
6. › Whether issues in prior proceedings are live and significant issues in the current appeal

Quick Take

A judge's prior participation in appellate review of tribunal findings does not, without more, give rise to a reasonable apprehension of bias in subsequent proceedings involving the same party, particularly where the judge reviewed rather than made the primary findings.