ALRC releases background paper on judicial bias

On 14 December 2020, the Australian Law Reform Commission (ALRC) as part of its Review of Judicial Impartiality has released a background paper on The law of judicial bias: A primer.

The background paper provides an introductory summary and overview of key aspects of the law on judicial bias as it relates to the Australian federal judiciary and covers:

  • Actual and apprehended bias;
  • The legal test for apprehended bias;
  • Circumstances that may give rise to allegations of bias;
  • Exceptions to the bias rule;
  • Procedures for upholding the bias rule; and
  • The Guide to Judicial Conduct.

The ALRC is planning to release a Consultation Paper in April 2021 containing questions and draft proposals for public comment.

Practitioners are invited to email their views on the background paper to  

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