Lambourgh and Ardle-Gerder and Anor (No 2)

In the matter of *Lambourgh and Ardle-Gerder and Anor (No 2)*, Johnston J of the Supreme Court of Western Australia made orders disqualifying himself from hearing the substantive proceedings. The dispute concerned an application for disqualification of the judge.

The central legal issue before the Court was whether the judge should recuse himself from hearing the substantive proceedings due to apprehended bias.

Johnston J reasoned that he was required to disqualify himself from hearing the substantive proceedings. The Court ordered that the previously scheduled hearing dates of 29 November to 10 December 2010 be vacated. Furthermore, all parties were granted leave to approach the Magellan Registrar and List Manager to request the allocation of 10 hearing days before a different Judge as a matter of priority.