Senate debates
Tuesday, 8 September 2015
Questions without Notice: Take Note of Answers
Royal Commission on Trade Union Governance and Corruption
3:27 pm
Anne Urquhart (Tasmania, Australian Labor Party) Share this | Hansard source
that Mr Heydon himself had provided not too long ago in a similar situation. In the case of British American Tobacco Australia Services Limited v Laurie, Mr Heydon wrote:
It is fundamental to the administration of justice that the judge be neutral. It is for this reason that the appearance of departure from neutrality is a ground of disqualification, because the rule is concerned with the appearance of bias and not the actuality. It is the perception of the hypothetical observer that provides the yardstick.
This was great advice from Mr Heydon, but it is a shame that he did not take heed of that advice.
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