High Court of Australia

Ebner v The Official Trustee in Bankruptcy [2000] HCA 63

Clenae Pty Ltd v ANZ Banking Group Ltd

205 CLR 337; 75 ALJR 277; 176 ALR 644

7 Dec 2000

Case Number: M131/1999 M2/2000

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Courts and judges – Bias - Reasonable apprehension of bias - Direct or indirect shareholding by judge in a corporation which is a party to litigation or financially interested in its outcome - Whether judge automatically disqualified - Principles governing disqualification - Disclosure - Relationship between principles governing disqualification and requirement of disclosure - Necessity - Whether there is a principle of necessity - Circumstances for operation of principle of necessity.

Constitutional Law (Cth) – Chapter III - Judicature of the Commonwealth - Impartiality of Judiciary - Bias - Reasonable apprehension of bias - Whether requirement of impartial and independent judge derived from implications arising from Chapter III of the Constitution.

Words and Phrases "impartial" – "independent".

Constitution – Ch III.

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