M v Secretary, Department of Communities and Justice

The Court of Appeal of New South Wales considered an appeal by M against the Secretary, Department of Communities and Justice, concerning allegations of apprehended bias and procedural unfairness in earlier proceedings.

The central legal issues before the Court of Appeal were whether the primary judge had demonstrated apprehended bias by relying on their reasons for judgment in a manner that inverted the proper inquiry, and whether the applicant had been denied procedural fairness by the refusal of an adjournment to obtain evidence.

The Court held that the applicant's sole reliance on the reasons for judgment to allege bias inverted the proper inquiry, and that the transcript did not disclose any actual bias. Furthermore, the Court found that procedural fairness did not require the primary judge to independently adjourn the hearing, as no application for an adjournment had been made by the applicant, and the applicant had been informed of the relevant procedure.

The Court of Appeal ordered that time be extended for the filing of the summons to 18 July 2024, and that the summons be dismissed.