Self-Recusal

An interesting article published yesterday in The Guardian by Nino Bucci raises an interesting topic for consideration and we are interested in your thoughts…what do you say on whether or not the judge should have excused himself from the hearing. The High Court of Australia will ultimately decide but what do you think? Read the article on the link below

https://www.theguardian.com/law/2021/aug/18/australian-judges-should-not-be-able-to-rule-on-self-recusal-review-told

Extract from the article;

“Judges should not be able to rule on applications to recuse themselves as it “demands an impossible level of impartiality”, a leading human rights legal service has told the Australian Law Reform Commission.

The commission is reviewing the laws in relation to judicial impartiality as a result of a case before the high court that involves the conduct of a judge and a barrister who maintained personal contact during a trial. The judge in that case denied an application to recuse himself.

The National Justice Project, a not-for-profit human rights legal service based at Macquarie University and directed by George Newhouse, said in a submission to the commission that the process of self-recusal should be abolished…”