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ARTICLE · 20 OCTOBER 2015

Apprehended bias: Apprehended easily but difficult to establish

It is actually difficult as a matter of law to establish an appearance of bias - it is dependent on degree and context.

AustraliaLitigation, Mediation & Arbitration
James Robinson (Formerly With Clayton Utz)
James Robinson (Formerly With Clayton Utz)
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Key Points:

It is actually difficult as a matter of law to establish an appearance of bias - it is highly dependent on degree and context.

Following a turbulent period of public scrutiny in the second half of August, former High Court justice Dyson Heydon has dismissed applications made by several unions seeking his recusal (or removal) from the Royal Commission into Trade Union Governance and Corruption. The applications centred on revelations that he was to be the keynote speaker at a Liberal party event, before withdrawing the same morning those revelations were publicised.

Heydon's connection to the event

In April last year Heydon agreed to speak at this year's Sir Garfield Barwick lecture, conditioning his acceptance on the Commission having concluded its work by that time. Although the Commission's terms were subsequently extended to December 2015, at Heydon's request, a NSW Bar Association alert this April promoting the lecture listed him as the keynote

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