McFarlane v The King

In *McFarlane v The King*, the appellant sought the disqualification of a judge from hearing an appeal. The core of the dispute concerned an alleged apprehension of bias on the part of the judge. The matter came before Livesey Ex Tempore P in the High Court.

The primary legal issue before the Court was whether there was a reasonable apprehension of bias, necessitating the judge's disqualification. A secondary issue, arising from recent High Court authority, concerned the appropriate procedure for dealing with such applications, particularly when they might be renewed before the full bench.

Livesey Ex Tempore P considered the principles governing applications for judicial disqualification. His Honour noted that the application would not automatically require the full bench to adjudicate unless the appellant made it clear that the application was to be pressed before the whole coram. After consulting with the head of jurisdiction and other members of the coram, and in light of the appellant's position, the application for disqualification was dismissed. The hearing of the appeal was adjourned to a later date.