Le v Magistrate Barbara Lane

Le and others sought to have Magistrate Barbara Lane removed from presiding over their criminal trial due to an alleged lack of impartiality. The case was heard in the County Court of Victoria. The central issue was whether the magistrate's conduct during the trial had created a reasonable apprehension of bias. This arose from the magistrate conducting an independent internet search into a matter that was testified to during the trial and subsequently questioning a witness about the results of this search.

The court found that the magistrate's actions did not constitute a breach of the duty of impartiality. The magistrate had acted within the scope of her judicial role in seeking clarification on the facts presented during the trial. The court held that the magistrate's actions were not so extraordinary as to give rise to a reasonable apprehension of bias. The court further held that the magistrate's actions were not so unfair as to justify the quashing of the proceedings.

The court held that the application to restrain the magistrate from presiding over the resumed hearing was not well founded. The court dismissed the application and ordered that the trial proceed as scheduled. The applicants were given leave to appeal the decision to the Court of Appeal.