09/2015 - Martins Blog - Martin Luitingh Barrister

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Royal Commission into Trade Union Governance and Corruption

Published by in Reasons for Ruling on Disqualification Applications ·
Reasons for Ruling on Disqualification Applications

Commissioner Heydon

Royal Commission - bias - four Trade Unions brought Applications to disqualify The Commissioner Dyson Heydon on grounds of apprehended bias - applications were brought pursuant to an acceptance of an invitation to deliver Sixth Annual Sir Garfield Barwick Address, an event organised by Lawyer’s Branch and Legal Policy Branch of NSW Division of Liberal Party of Australia (agreement) – The Trade Unions contended agreement might cause fair-minded lay observer reasonably to apprehend Commissioner might not bring impartial mind to resolution of questions in course of Commission’s inquiries – The two principle submissions were

(a) Liberal Party Event’ submission and
(b) Liberal Party fundraiser’ submission

Heydon rejected ‘Liberal Party Event’ submission for three reasons he said

(i)  There was no ‘no apprehension of bias from non-political speech’,
(ii)  No logical connection between any predisposition and the issues’ and
(iii) No reason to find incapacity to deal with issues impartially

Heydon rejected ‘Liberal Party fundraiser’ submission for three reasons:

(i)  No apprehension of intention to raise funds or generate support,
(ii)  No logical connection between any predisposition and the issues’ and ‘no reason to find incapacity to deal with issues
(iii) Commissioner concluded it was not the case that fair-minded lay observer might apprehend Commissioner might not bring impartial mind to resolution of questions

The applications were dismissed.


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