Mathews v State of Queensland (No.3)

In *Mathews v State of Queensland (No.3)*, heard by Judge Jarrett of the Federal Circuit Court of Australia, the applicant sought to have earlier orders set aside and to disqualify the judge from hearing the matter on the grounds of apprehended bias. The applicant's core grievance stemmed from the judge's alleged failure to adequately consider certain evidence and submissions during previous proceedings, which the applicant contended demonstrated a predisposition against their case.

The central legal issues before the court were whether there was a reasonable apprehension of bias on the part of the judge, and whether the court had the power and justification to set aside its previous orders under rule 16.05(2)(a) of the *Federal Circuit Court Rules 2001*. This rule permits the setting aside of an order if a party has failed to attend the hearing or if there has been a miscarriage of justice.

Judge Jarrett dismissed both applications. Regarding the apprehended bias, the court applied the objective test, considering 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 found that the applicant's complaints related to the judge's conduct of the proceedings and the evaluation of evidence, which did not, in themselves, give rise to a reasonable apprehension of bias. The judge also found that there was no basis to set aside the earlier orders, as no miscarriage of justice had been demonstrated, nor had the applicant established any grounds for such relief under the relevant rule.