Chranley and Smart (No 2)

In this matter before the Federal Circuit Court of Australia, the father, Mr. Chranley, sought the disqualification of Justice Dawe on the grounds of apprehended bias. The father's complaints primarily stemmed from his dissatisfaction with previous decisions made by the court and the perceived delays in reaching those decisions.

The central legal issue before the court was whether a fair-minded and informed observer, having considered the facts, might reasonably apprehend that Justice Dawe would not bring an impartial mind to the determination of the proceedings. This required an assessment of the objective impartiality of the judge, rather than any subjective belief of bias held by the applicant.

Justice Dawe applied the well-established test for apprehended bias, considering whether the complaints raised by the father demonstrated a real possibility that the judge was or might be biased. The court found that the father's dissatisfaction with past judicial outcomes and the duration of proceedings did not, in themselves, establish a basis for a reasonable apprehension of bias. Consequently, the application for disqualification was dismissed. The court also dismissed an application for the discharge of the Independent Children’s Lawyer.