Gaisford v Hunt

In Gaisford v Hunt, Alastair John Gaisford sought judicial review of the conduct of Christopher Terence Hunt, who was conducting an Inquiry into allegations of paedophile activities within the Department of Foreign Affairs and Trade. Gaisford claimed that Hunt had denied him natural justice by virtue of a reasonable apprehension of bias on Hunt's part. The primary Judge dismissed Gaisford's application, and Gaisford now appeals from that order. The appeal was heard by Beaumont, O'Loughlin, and Lehane JJ in the Federal Court of Australia. The court allowed the appeal, set aside the orders made at first instance, and ordered that Hunt not proceed with the Inquiry. The Commonwealth was ordered to pay Gaisford's costs at first instance and on appeal.

The legal issues the court was required to decide were whether the comments made by Hunt in an article published in The Canberra Times constituted a reasonable apprehension of bias by prejudgment on Hunt's part, and whether Hunt's subsequent conduct was such that he might not bring an impartial and unbiased mind to the matters he must address at the Inquiry.

The court's reasoning and outcome were as follows: The common law principles of natural justice require that justice should not only be done, but should manifestly and undoubtedly be seen to be done. The test for alleged bias is whether fair-minded people might reasonably apprehend or suspect that the decision-maker has prejudged or might prejudge the case. The court found that the comments made in the article were not tentative or preliminary, but rather expressed definite conclusions. Additionally, the fact that an "off-the-record" briefing to a journalist was provided by Hunt, and his failure to make a full and true disclosure when challenged about the article, exacerbated any reasonably held apprehension of bias arising from the comments. The court concluded that a case of ostensible bias had been established, and that the application of the rules of natural justice required that Hunt not proceed further with his Inquiry.