The Pot Calling the Pot Black: Problems with the Current Approach to Apprehended Bias

Murphy, Julian. ‘The pot calling the pot black: Problems with the current approach to apprehended bias.’ Balance: Journal of the Law Society of the Northern Territory 15(4) (December 2015): 31.

Posted: 21 Mar 2018

See all articles by Julian R. Murphy

Julian R. Murphy

University of Melbourne, School of Law

Date Written: December 1, 2015

Abstract

This article surveys a number of recent, high-profile apprehended bias applications in Australian courts and other decision making bodies, including the Royal Commission into Trade Unions. The article contends that the current approach - whereby the impugned judicial officer determines their own apprehended bias application - compromises public confidence in the integrity and impartiality of the legal system. It is suggested that a better approach would be for independent judges to hear apprehended bias applications.

Keywords: administrative law, procedural fairness, apprehended bias, Royal Commission into Trade Unions

Suggested Citation

Murphy, Julian, The Pot Calling the Pot Black: Problems with the Current Approach to Apprehended Bias (December 1, 2015). Murphy, Julian. ‘The pot calling the pot black: Problems with the current approach to apprehended bias.’ Balance: Journal of the Law Society of the Northern Territory 15(4) (December 2015): 31., Available at SSRN: https://ssrn.com/abstract=3142377

Julian Murphy (Contact Author)

University of Melbourne, School of Law ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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