Royal commissioner Justice Dyson Heydon 'must hold himself to the highest possible standards'

    Research output: Contribution to specialist publicationArticle

    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 languageEnglish
    Specialist publicationSydney Morning Herald
    Publication statusPublished - 2015

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