GJ v AS (No 2)

The applicant, GJ, sought the disqualification of Refshauge J from hearing an appeal on the grounds of a reasonable apprehension of bias. The alleged bias stemmed from the judge's perceived association with the respondent, AS, and his prior involvement in the making of court rules, case management, and accepting an address for service.

The central legal issue before the court was whether the applicant had established a reasonable apprehension of bias on the part of Refshauge J, necessitating his disqualification from the appeal. This required an examination of the nature and remoteness of the alleged associations and the judge's conduct in relation to the court's processes.

Refshauge J reasoned that the claimed associations were too remote to give rise to a reasonable apprehension of bias. His Honour found that the judge's participation in the making of court rules, involvement in case management, and acceptance of an address for service did not demonstrate any actual or perceived partiality towards the respondent. The court applied the objective test for apprehended bias, considering whether a fair-minded and informed observer would perceive a lack of impartiality.

The application that the Honourable Justice Refshauge disqualify himself from hearing the appeal was dismissed.