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Type: Journal article
Title: Apprehended bias and interlocutory judgments
Author: Olijnyk, A.
Citation: The Sydney Law Review, 2013; 35(4):761-780
Publisher: Faculty of Law, University of Sydney
Issue Date: 2013
ISSN: 0082-0512
Statement of
Anna Olijnyk
Abstract: 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 pan 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 locus in the application of the test for apprehended bias.
Keywords: interlocutory judgement
High Court
Judge impartial
Rights: COPYRIGHT 2013 Sydney Law School
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