Akiba on behalf of the Torres Strait Regional Sea Claim v State of Queensland

The Torres Strait Regional Authority (TSRA) filed an interlocutory application against the State of Queensland seeking the disqualification of the case managing judge, Justice Bromberg, on the grounds of apprehended bias. The case involved native title claims in relation to the Torres Strait region. The TSRA argued that Justice Bromberg had displayed bias through his conduct during the case management of the proceedings.

The court was required to determine whether the hypothetical reasonable observer might apprehend that Justice Bromberg might not bring an impartial mind to the matters arising in the case management of the proceeding. The court considered the submissions and affidavits filed by the parties, including the State of Queensland, the Commonwealth, the Kaurareg people, the three claim group member respondents, and the Badu people. The court examined the legal principles and factual context of the conduct which the TSRA submitted established apprehended bias.

The court found that the TSRA had failed to establish that there was a reasonable apprehension of bias on the part of Justice Bromberg. The court held that the hypothetical reasonable observer would not apprehend that Justice Bromberg might not bring an impartial mind to the matters arising in the case management of the proceeding. The court dismissed the interlocutory application and ordered that any party in the proceeding who wished to make submissions on the costs of the interlocutory application or the orders sought by the TSRA should file and serve submissions on those matters by a specified date. The court also listed the proceeding for a case management hearing.