Much ado about nothing: why accepting an invitation did not make Dyson Heydon AC QC appear biased

Floyd, Louise (2016) Much ado about nothing: why accepting an invitation did not make Dyson Heydon AC QC appear biased. Australian Law Journal, 90 (1). pp. 38-43.

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Abstract

This article analyses the reasons for rejecting the recent apprehended bias application made by unions against Royal Commissioner Dyson Heydon – not for anything he had done in running the Royal Commission into Trade Union Governance, nor in writing his 1,700-page interim report, but because of his accepting an extra-curricular invitation to give the Sir Garfield Barwick Address. Apprehended bias requires proof of prejudgment, rather than suspicion of possible private predisposition (which is where the unions failed). Relevantly, the author argues that law schools should emphasise the positive role judges play in society; and that a greater emphasis should be placed on those who send emails to make key points abundantly clear.

Item ID: 43402
Item Type: Article (Refereed Research - C1)
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ISSN: 0004-9611
Date Deposited: 29 Jul 2016 05:44
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180104 Civil Law and Procedure @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9402 Government and Politics > 940203 Political Systems @ 100%
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