A curiosity of the legal system is that the person being accused of bias gets to make a ruling about whether they are or not. Moves for change are afoot.
Should judges be able to decide whether they are biased against a litigant? Not on your nelly, according to a review ordered by the federal government into judicial bias.
It’s one of the curiosities of the legal system that the person who is being accused of bias gets to make a ruling about whether they are or not.
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Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com
