Abstract
Justice Dyson Heydon's statement of the principle of judicial neutrality in his 2011 decision in BATAS v Laurie makes it untenable for him to continue as Royal Commissioner into Trade Union Governance and Corruption. "It is fundamental to the administration of justice that the judge be neutral. It is for this reason that the appearance of departure from neutrality is a ground of disqualification. Because the rule is concerned with the appearance of bias, and not the actuality, it is the perception of the hypothetical observer that provides the yardstick. It is the public's perception of neutrality with which the rule is concerned."
Original language | English |
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Specialist publication | Sydney Morning Herald |
Publication status | Published - 2015 |