Colquhoun v Children's Court [2013] NSWSC 65

Material exists on which a reasonable impartial observer might apprehend that Magistrate Blewitt could not bring an unprejudiced mind to the issues, thus justifying his removal from further hearing the proceedings and remitting them to another magistrate.

Jurisdiction: Australia
Judgment Date: 08 February 2013
Procedural Posture: Application for Removal and Prohibition in Children's Court Proceedings / Final Determination of Removal and Recusal Application
Outcome: Application granted for removal, prohibition, and remission.
Legal Topics: ['bias' 'apprehended Bias' 'removal of Magistrate']

['procedure' 'courts and Judges'] ['bias' 'apprehended Bias' 'removal of Magistrate']

Case Brief

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Procedural Posture

Application for Removal and Prohibition in Children's Court Proceedings / Final Determination of Removal and Recusal Application

Legal Issues

1 ['Whether Magistrate Blewitt should be prohibited from further hearing the proceedings due to apprehended bias' 'Whether the proceedings should be remitted to another magistrate']

Ratio Decidendi

Court Disposition

Application granted for removal, prohibition, and remission.

Orders

["Proceedings in the Children's Court at Illawarra, Port Kembla 6-7/2011 are removed into Supreme Court." 'Magistrate Blewitt is prohibited from further hearing those proceedings.' "Matter remitted forthwith to Children's Court to be heard by an alternative magistrate according to law." 'No order as to costs of...