Hanas and Jolaha (No 3)

In the matter of *Hanas and Jolaha (No 3)*, Justice Henderson of the Supreme Court of Victoria was required to consider an application for disqualification. The application concerned the continued involvement of Justice Henderson in hearing the proceedings.

The central legal issue before the Court was whether Justice Henderson should be disqualified from further hearing the matter. This required an assessment of whether there was a reasonable apprehension of bias on the part of the judge, given the circumstances of the case.

Justice Henderson applied the well-established test for apprehended bias, which requires considering whether a fair-minded and informed observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the issues to be decided. In this instance, the Court found that such an apprehension was justified, leading to the conclusion that disqualification was necessary to maintain public confidence in the administration of justice.

Consequently, the Court ordered that Justice Henderson be disqualified from further hearing this matter in any capacity.