British American Tobacco Australia Services Limited v Laurie

[2011] HCA 2
Judgment date
Case number
S138/2010
Before
French CJ, Gummow, Heydon, Kiefel, Bell JJ
Catchwords

Courts and judges – Bias - Reasonable apprehension of bias by reason of pre-judgment - Where judge previously made finding on same issue in unrelated interlocutory proceeding - Knowledge and characteristics to be attributed to fair-minded lay observer - Whether fair-minded lay observer taken to understand rules of evidence and procedure - Whether later statements of judge in recusal application relevant to fair-minded lay observer's assessment - Livesey v New South Wales Bar Association (1983) 151 CLR 288.

Words and phrases – "fair-minded lay observer", "reasonable apprehension of bias".

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