Seaward & MacDuff (No 3)

An application was made by Mr Seaward for the disqualification of Ryan J from hearing child-related proceedings between himself and Ms MacDuff on the grounds of apprehended bias.

The central legal issue before the court was whether a fair-minded lay observer, possessed of all the relevant facts, would apprehend that Ryan J might not bring an impartial mind to the resolution of the question the judge was required to decide. This involved considering the principles established in *Minister for Immigration & Multicultural Affairs v Jia* and *Ebner v Official Trustee*. The court also considered the scope of a trial judge's power under s 69ZN of the *Family Law Act 1975* (Cth) to ask questions and impose time limits in child-related proceedings.

Ryan J applied the test for apprehended bias, focusing on the perspective of the hypothetical fair-minded lay observer. His Honour found that the applicant's concerns were not such that they would lead such an observer to apprehend bias. The judge noted that the powers exercised under s 69ZN were within the court's statutory authority and did not, in themselves, indicate a lack of impartiality. Furthermore, the court considered whether the applicant had waived any right to object to the judge's conduct.

The application for disqualification was dismissed.