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Clarity and complexity in the bias rule

Groves, Matthew 2021, Clarity and complexity in the bias rule, Melbourne University law review, vol. 44, no. 2, pp. 565-601.

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Title Clarity and complexity in the bias rule
Author(s) Groves, MatthewORCID iD for Groves, Matthew orcid.org/0000-0001-5925-8362
Journal name Melbourne University law review
Volume number 44
Issue number 2
Start page 565
End page 601
Total pages 37
Publisher Melbourne University, Law Review Association
Place of publication Melbourne, Vic.
Publication date 2021
ISSN 0025-8938
Summary An apprehension of bias will arise if courts find a fair minded and reasonably informed observer might consider that a decision maker might not approach his or her task with a sufficient level of impartiality. This two-fold test to assess bias claims through the eyes of a hypothetical observer reflects the combined effect of Webb v R (1994) 181 CLR 41 and Ebner v Official Trustee (2000) 205 CLR 337. This article examines issues that were not resolved by and apparently clear approach created by Webb and Ebner. The article argues that notions of impartiality are central to the bias rule but not capable of easy definition. It also argues that judicial assessment of bias claims through the eyes of an objective observer is necessarily limited. The article also analyses the recent decision of CNY17 v Minister for Immigration and Border Protection (2019) 94 ALJR 140, to illustrate the difficulties in assessing the impact of irrelevant, prejudicial information in claims of bias.
Language eng
Indigenous content off
Field of Research 1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30148044

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.