Picos v Council of the Law Society of New South Wales [2022] FCA 1457

Picos v Council of the Law Society of New South Wales [2022] FCA 1457

None of the appellant's asserted grounds, whether taken individually or cumulatively, would cause a fair-minded lay observer to reasonably apprehend that the judge might not bring an impartial mind to the resolution of the matters to be decided. Therefore, apprehended bias was not established and the application for recusal was dismissed.

Parties
Appellant: Connie Picos; First Respondent: Council of the Law Society of New South Wales; Second Respondent: The Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
29 November 2022
Procedural Posture
Appeal / Interlocutory Application for Recusal
Outcome
application for recusal dismissed
Legal Topics
Recusal, Apprehended Bias, Practice and Procedure
Administrative and Constitutional Law and Human Rights Recusal Apprehended Bias Practice and Procedure

Case Brief

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Parties

Connie Picos

Appellant

Council of the Law Society of New South Wales

First Respondent

The Law Society of New South Wales

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Recusal

Legal Issues

  1. 1 Whether apprehended bias is established justifying recusal of the judge

Ratio Decidendi

None of the appellant's asserted grounds, whether taken individually or cumulatively, would cause a fair-minded lay observer to reasonably apprehend that the judge might not bring an impartial mind to the resolution of the matters to be decided. Therefore, apprehended bias was not established and the application for recusal was dismissed.

Court Disposition

application for recusal dismissed

Orders

  • The appellant's application for recusal is dismissed.