Iphostrou and Iphostrou & Ors (No 4)

In *Iphostrou and Iphostrou & Ors (No 4)*, the applicants, Mr P Iphostrou, Mr J Iphostrou, and P Pty Ltd (both in its own capacity and as trustee for the Iphostrou Family Trust), sought the recusal of the primary judge on the grounds of apprehended bias, specifically prejudgment. This application followed a prior, unsuccessful application for disqualification brought by separate applicants.

The central legal issue before Cronin J was whether the primary judge ought to recuse himself from hearing the matter due to apprehended bias. This required the court to consider the test for apprehended bias in the context of a judicial officer's prior conduct and statements.

Cronin J applied the established test for apprehended bias, which requires determining whether a fair-minded lay observer, knowing the facts, would apprehend that the judge might not bring an impartial mind to the issues the judge is to decide. The judge considered the history of the proceedings and the nature of the applicants' allegations. Ultimately, the judge found that the apprehended bias alleged by the applicants was not made out.

Consequently, the application for the judge's recusal was dismissed. The court then fixed the date for the final hearing of the wife's application, which was to commence on 14 June 2011.