Firmin and Curtin (No 2)

In *Firmin and Curtin (No 2)*, Bennett J of the Supreme Court of Western Australia considered an application by the mother for the judge to recuse himself from further hearing the matter.

The central legal issue before the court was whether there were grounds for the judge to disqualify himself from continuing to preside over the proceedings. This involved an assessment of apprehended bias.

Bennett J reasoned that the mother's application for recusal was without merit. The judge applied the legal principle that a judge must recuse themselves if there is a real possibility that an informed, fair-minded lay observer would apprehend that the judge might not bring an impartial mind to the issues before them. In this instance, the judge found no such apprehension could reasonably be entertained.

Consequently, the application for recusal was dismissed.