Important cases — Bias

[3-1040] Polsen v Harrison [2021] NSWCA 23

Application for recusal declined –– judge commented on role of plaintiff’s expert at conclave –– comments made during preliminary discussion as to amended pleading –– Test whether fair-minded lay observer might think judge might have pre-judged credibility of witness not satisfied.

JL v S, DFaCS [2015] NSWCA 88

Appeal unsuccessful application for leave to apply to rescind care orders — whether error of law on the face of the record or jurisdictional error established — whether District Court correctly applied provisions of the Care Act s 90 — whether judge biased in approach to assessing applicant’s case — whether there was a denial of procedural fairness — what are the duties of a judicial officer to an unrepresented litigant — relevance of international treaty obligations (United Nations Convention on the Rights of the Child) to exercise of discretion — whether judge placed excessive or too little weight on applicant’s evidence.