Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
23 December 2007

Gone fishing (sort of)

I can’t imagine why anyone would sit at the water waiting for a fish to bite into a fish hook and then reeling in that fish and taking out the hook and then having to slaughter it and clean it before eating it. I prefer my fish with wasabi at the Japanese Restaurant so I do not have to confront the horrors of eating dead animals. So I won’t be off fishing.

I will, however, be on holiday, so I will probably not be updating the blog or if I do, won’t do so regularly for the next while. For all readers of this Blog, enjoy your holidays and whatever you do, give somebody you love a big hug.

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