12 Mar 2020
Apply the Saxmere apparent bias test to any challenge; membership of a Royal Commission or government inquiry is not an automatic disqualification; the Supreme Court had jurisdiction to decide panel composition sitting as a three-judge bench; on the facts there was no reasonable apprehension of bias and no impediment to Arnold J sitting on the panel.
13 Oct 2014
Leave for the Privacy Commissioner to intervene was refused because the statutory scheme envisages participation by either the Director or the Commissioner but not both; although the Court could rely on inherent jurisdiction, the appeal raised a narrow, non-complex issue that the Director could address and with which the Commissioner could assist outside formal intervention, so intervention was unnecessary and would be contrary to efficient conduct of the appeal.
25 Jun 2014
The participation of Glazebrook and Arnold JJ in the s 28(3) review was required and permissible under s 28(3) as interpreted in Howard v ACC despite their earlier involvement; no basis for recall was shown, so the recall application was dismissed.
11 Jul 2008
The High Court held the statutory regime governing acting Judges and the nomination/assignment of High Court Judges to Court of Appeal divisions did not, on the material before the Court, breach the requirements of judicial independence and impartiality; Robertson J's concurrent role at the Law Commission did not render him incapable of judicial office or give rise to justiciable impartiality concerns; however the Court identified concerns warranting further administrative or legislative review regarding the legal basis for the higher duties allowance and the adequacy/structure of judicial su…