De Alwis v Stewart [1997] IRCA 108

De Alwis v Stewart [1997] IRCA 108

The Judicial Registrar should disqualify himself from further hearing the matter because the indirect, but proximate and continuing professional–financial relationship with a partner in the respondent firm is such that an objective, reasonable observer might apprehend a lack of impartiality, fulfilling the test for apprehended bias.

Jurisdiction
Australia
Judgment Date
08 April 1997
Procedural Posture
Industrial Law / Employment Termination / Application for Disqualification of Judicial Registrar (apprehended Bias) – Interlocutory
Outcome
Application adjourned pending allocation to another Judicial Registrar due to reasonable apprehension of bias.
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'natural Justice' 'employment Termination']
['industrial Law'] ['apprehended Bias' 'judicial Disqualification' 'natural Justice' 'employment Termination']

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Procedural Posture

Industrial Law / Employment Termination / Application for Disqualification of Judicial Registrar (apprehended Bias) – Interlocutory

Legal Issues

  1. 1 ['Whether the Judicial Registrar should disqualify himself from hearing the application on the ground of apprehended bias due to a recent professional relationship with a partner of the respondent firm' 'Whether the Judicial Registrar would be acting as a judge in his own cause']

Ratio Decidendi

The Judicial Registrar should disqualify himself from further hearing the matter because the indirect, but proximate and continuing professional–financial relationship with a partner in the respondent firm is such that an objective, reasonable observer might apprehend a lack of impartiality, fulfilling the test for apprehended bias.

Court Disposition

Application adjourned pending allocation to another Judicial Registrar due to reasonable apprehension of bias.

Orders

  • ['The hearing of the application under section 170EA of the Workplace Relations Act is adjourned for hearing before another Judicial Registrar on a date to be fixed.' 'The application be adjourned to a directions hearing before another Judicial Registrar on a date to be fixed to determine the date(s) for the hearing...