1A judge must not too readily accede to applications to recuse on the grounds of apprehended bias; an applicant must do more than point to earlier adverse decisions, especially where those decisions do not involve prejudgment of the issues yet to be decided.
2Suggesting that a self-represented appellant reconsider and distil numerous grounds of appeal does not constitute an expression of opinion on the merits and does not give rise to an apprehension of prejudgment.
3The test for ostensible bias requires identification of a factor that might lead the judge to decide other than on the merits, articulation of the logical connection between that factor and apprehended deviation, and assessment of reasonableness from the perspective of a fair-minded lay observer.
Case Details
Citation[2026] SASCA 73
CourtSASCA
JurisdictionSouth Australia
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