Bakarich v Commonwealth Bank of Australia

The appellant, Bakarich, sought the disqualification of a judge of the Supreme Court of New South Wales on the grounds of apprehended bias. The dispute arose from the judge's alleged prior associations with the respondent, the Commonwealth Bank of Australia, and its legal representatives, which the appellant contended gave rise to a perception of a lack of impartiality.

The central legal issue before the Court of Appeal was whether the judge's prior professional associations were of such a nature as to lead a fair-minded and informed lay observer to apprehend that the judge might not bring an impartial mind to the resolution of the case. This required the court to consider the appropriate standard for assessing apprehended bias, particularly in the context of judges and lawyers operating within a shared professional community.

The Court of Appeal, applying the established test for apprehended bias, reasoned that the judge's past associations with the Commonwealth Bank and its barristers were insufficient to warrant recusal. The court attributed to the "fair-minded lay observer" a degree of knowledge about the realities of legal practice, including the commonality of professional relationships within the legal fraternity. It was held that such associations, without more, did not create a reasonable apprehension of bias.

Consequently, the application to recuse the judge was refused.