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
22 January 2020

Subsequent to the above an incident occurred at HLOPHE JP’s residence in Pinelands – not where SALIE-HLOPHE J resides – involving the third party. The incident occurred during recess. SALIE-HLOPHE J was at his residence. She called me, disclosed certain information – which I elect not to set out herein – and also told me that there was an electricity outage at her house. She asked me to go to her house to attend to her daughters for safety reasons. I went to her home. She later arrived at her house. HLOPHE JP’s bodyguard drove her vehicle and another driver followed in a second vehicle. SALIE-HLOPHE J was clearly distressed and in pain. She asked me to take her to hospital and explained to me in graphic detail what had transpired at HLOPHE JP’s house. Her hand, it appears, was injured during an altercation.

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