G v W

The case of G v W involved a dispute over allegations of actual bias against a judge in the Family Court of Western Australia. The applicant, G, sought to challenge a decision made by the respondent judge, W, alleging that the judge had prejudged the case and was biased against them. The case was heard in the Full Court of the Family Court of Western Australia, which was asked to determine whether the applicant had successfully demonstrated that the judge was actually biased.

The central legal issue in the case was whether the applicant had met the heavy burden of proving that the judge was actually biased. The court needed to assess the state of mind of the judge in question, based on what the judge had said and done, to determine if there was any prejudgment or bias. The court also needed to consider whether the applicant's allegation of bias was 'firmly established' and met the 'stringent standard of proof' required for such claims.

The court concluded that the applicant had not met the required burden of proof. The applicant's argument was based on the judge's provisional views and the difficulties the applicant faced in persuading the judge to change those views. However, the court noted that this alone was not enough to demonstrate actual bias. The court emphasised that the principles of natural justice are concerned with the procedure observed in the exercise of power, not the merits of the decision. The focus must be on the position as it stood before the decision was made. The court also highlighted that disagreement with the reasoning of the decision-maker, or the perceived illogic or irrationality of the reasoning, does not in itself establish bias.

The court ultimately held that the applicant had not established that the judge was actually biased. The applicant's argument did not meet the stringent standard of proof required to demonstrate actual bias, and the court did not find any evidence of prejudgment or partiality in the judge's reasons for decision. The court dismissed the application.