Brisciani v Piscioneri (No 3)

In *Brisciani v Piscioneri (No 3)*, the applicant sought the recusal of Jagot J from hearing proceedings on the grounds of apprehended bias. The dispute concerned an application for the judge to disqualify herself from continuing to preside over the matter.

The central legal issue before the Court was whether there was a reasonable apprehension of bias on the part of Jagot J, such that her Honour ought to recuse herself from the proceedings. This required the Court to consider the established legal test for apprehended bias in Australia.

Jagot J applied the well-settled test for apprehended bias, which requires determining whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide. Her Honour found that the grounds relied upon by the applicant did not meet this threshold, concluding that there was no reasonable apprehension of bias.

Consequently, the application for recusal was dismissed.