Brisciani v Piscioneri (No 2)

An application was made by the plaintiff, Brisciani, for the disqualification of Refshauge J from hearing proceedings involving the defendant, Piscioneri. The plaintiff alleged that the judge harboured bias against him.

The central legal issue before the court was whether there was a reasonable apprehension of bias on the part of Refshauge J, such that his Honour ought to be disqualified from continuing to hear the case. This required the court to consider the nature of the alleged bias and whether it was of a kind that would lead a fair-minded lay observer to conclude that the judge was not impartial.

Refshauge J determined that the plaintiff had failed to identify any specific form of bias. His Honour found that statements made during judicial case management were not indicative of pre-judgment but rather were part of the ordinary process of managing litigation. Furthermore, the fact that his Honour had previously heard cases involving the same party did not, in itself, give rise to a reasonable apprehension of bias. The application was therefore dismissed.