In the current issue of the Sydney Law Review (Volume 35(4)), Anna Olijnyk examines the potential for interlocutory judgments to give rise to an appearance of bias which will disqualify a judge from hearing further matters. The following is the abstract of the article:
In 2011, the High Court handed down judgments in two cases that raised a similar issue: the risk that an interlocutory judgment can create an appearance of bias on the part of a judge. This issue highlights the tension between, on the one hand, the principle that judges must be, and appear to be, impartial; and, on the other, the changes to the judicial role brought about by the demands of efficiency. This article uses the two cases as a basis for examining the way in which the bias rule currently operates in relation to interlocutory judgments. It concludes that the current approach places undue emphasis on a risk of prejudgment of specific matters, and advocates a widening of focus in the application of the test for apprehended bias.
The full article is available here.
Anna Olijnyk is a Lecturer at the Adelaide Law School.