Sheldon and Weir (No 2)

In *Sheldon and Weir (No 2)*, Justice Ryan of the Family Court of Australia considered an application for the disqualification of a judge on the grounds of apprehended bias. The applicant sought to have the judge recuse themselves from proceedings.

The central legal issue before the Court was whether the judge’s conduct gave rise to a reasonable apprehension of bias. This involved an examination of remarks made by the judge, which the applicant contended demonstrated bias. The Court was required to apply the established test for apprehended bias, considering whether a fair-minded lay observer, informed of all the relevant circumstances, would apprehend that the judge might not bring an impartial mind to the issues the judge was to decide.

Justice Ryan applied the principles established in *Ebner v Official Trustee in Bankruptcy*, focusing on the objective test for apprehended bias. The Court noted that the remarks complained of were made in the context of a prudent judicial practice of disclosing any potential interests, statements, associations, or relationships. Crucially, the applicant had previously given consent to the composition of the Court, which the Court considered as a waiver of any right to object on the grounds of apprehended bias that arose from the disclosed information.

Consequently, the Court dismissed the application for disqualification. The applicant was ordered to pay the respondent $800 for costs, with interest to accrue on any outstanding amount in accordance with the *Family Law Rules 2004*.