Lashansky v Legal Practice Board of Western Australia

The case involved an application by Lashansky to appeal a decision of the Legal Practice Board of Western Australia to the Full Court, seeking that the appeal be heard by judges from another jurisdiction. Lashansky argued that the local judges were biased and could not fairly hear the appeal. The nature of the dispute was whether the appeal could be transferred to a different jurisdiction on the grounds of bias. The matter was heard in the Supreme Court of Western Australia.

The primary legal issues before the court were whether the application for appeal to be heard by interstate judges was justified and whether there was actual or apprehended bias on the part of the local judges. The court had to assess the evidence provided by Lashansky concerning the alleged bias and determine if it was sufficient to warrant a transfer of the appeal to another jurisdiction. The court also needed to consider the established principles regarding the transfer of appeals and the onus of proof in cases of alleged bias.

In dismissing the application, the court found that the evidence provided by Lashansky did not meet the threshold for establishing actual or apprehended bias. The court held that the onus was on Lashansky to demonstrate a real likelihood of bias, which was not convincingly shown. The court emphasised that claims of bias must be supported by cogent and compelling evidence. The case was distinguished from previous decisions that had allowed transfers on the basis of bias because the circumstances here were unique. The court concluded that the application did not turn on its own facts sufficiently to warrant a departure from the usual practice of hearing appeals in the local jurisdiction.

The application was dismissed, and the appeal was to remain before the Full Court of Western Australia. The court's decision underscored the high standard required to successfully argue for a transfer of an appeal on grounds of bias.