Johns and Williamson

In *Johns and Williamson*, the Honourable Justice Burr of the Supreme Court of Victoria was required to determine an application for his own disqualification from hearing the proceedings. The application was brought by the parties to the litigation.

The central legal issue before the Court was whether there was a reasonable apprehension of bias on the part of Justice Burr, such that his Honour ought to be disqualified from continuing to preside over the proceedings.

Justice Burr reasoned that the test for apprehended bias requires an objective assessment of whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the issues the judge must decide. His Honour concluded that, based on the circumstances presented, such an apprehension could reasonably be formed. Consequently, his Honour ordered his own disqualification from further hearing the proceedings. The adjourned hearing was vacated, and the proceedings were relisted before the Honourable Justice Dawe.