Although the legal principles relating to apprehended bias in the context of administrative tribunal decision-making are now well settled, their application to particular circumstances continues to present challenges not only for judicial review Courts, but for tribunal members themselves. This paper assumes some general familiarity with the legal principles. The focus will be on various case studies which highlight the range of circumstances which can give rise to claims of apprehended bias and how those claims have been resolved. Some practical observations and tips will also be provided with a view to minimising the risk of embarrassment, not only to individual members but also to the tribunals which they serve.
Hon Justice John Griffiths Federal Court of Australia
John Griffiths has been a Justice of the Federal Court since April 2012. Prior to his appointment, he practised as a barrister for 17 years. He was made a Silk in 2001. He practised extensively in public law and commercial matters. He is the author of many papers and articles on a wide range of legal topics, including public law. He is one of three national coordinating judges in the Federal Court’s national practice area involving constitutional law, administrative law and human rights. He is a graduate of the Australian National University, Harvard University and Cambridge University.