Johnson v Johnson
| Jurisdiction | Australia Federal only |
| Court | High Court (Australia) |
| Judge | Gleeson CJ,Gaudron,McHugh,Gummow,Hayne JJ,Kirby J,Callinan J |
| Judgment Date | 07 September 2000 |
| Neutral Citation | 2000-0907 HCA B,[2000] HCA 48 |
| Docket Number | P60/1999 |
| Date | 07 September 2000 |
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445 cases
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Minister for Immigration and Multicultural Affairs v Jia
...J and by the Full Court was orthodox. It accords with the decisions of this Court in Laws v Australian Broadcasting Tribunal23 and Johnson v Johnson24. The state of mind described as bias in the form of prejudgment is one so committed to a conclusion already formed as to be incapable of alt......
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Hot Holdings Pty Ltd v Creasy
...R v Camborne Justices; Ex parte Pearce [1955] 1 QB 41 at 51; Porter v Magill [2002] 2 WLR 37 84–85 [105]; 1 All ER 465 at 508. 44 Johnson v Johnson (2000) 201 CLR 488 at 493 [12]–[13], 500–504 [36]–[45], 515–518 [74]–[80]; Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 (‘ Ebner......
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Ebanks v R
...Ratcliffe, Q.C., T. Ward, Senior Crown Counsel, and Ms. C. James, Crown Counsel, for the Crown. Cases cited: (1) Johnson v. JohnsonUNK(2000), 201 CLR 488; 174 ALR 655; 74 ALJR 1380; [2000] HCA 48, applied. (2) Medicaments & Related Classes of Goods (No. 2), In re, [2001] 1 W.L.R. 700, refer......
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Board of Management of Bethlehem Moravian College v Dr Paul Thompson and Another
...full knowledge of the material facts and fair-mindedness’. Lord Kerr went on to refer to Kirby J's remark in Johnson v Johnson (2000) 201 CLR 488, 509, that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious’; and, as regards the state of knowledge t......
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4 firm's commentaries
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Reviewing a BIFA adjudication decision ' Number 1 complete guide
...own contractual matrix. Reasonable Apprehension of Bias The test for the reasonable apprehension of bias was given in Johnson v Johnson [2000] HCA 48, where Gleeson CJ, Gaudron, McHugh, Gummow, and Hayne JJ of the High Court Whether a fair-minded lay observer might reasonably apprehend that......
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Dyson Heydon decision: a refresher on managing conflicts of interest
...person? This person has certain qualities. The reasonable person, among other things, does not make snap judgments ( Johnson v Johnson [2000] HCA 48 at [14]) and is informed by their training and experience (see Reasons for ruling on disqualification applications, [40] at page 14). He or sh......
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Planning and Environment case updates
...not bring an impartial and unprejudiced mind to the resolution of the question the judge is required to decide" (Johnson v Johnson (2000) 201 CLR 488 at [11], 492). The earnest attention to the issues by the primary judge set out very fully in a lengthy ex tempore judgment given the followi......
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British American Tobacco succeeds in disqualifying a Dust Diseases Tribunal Judge on the grounds of earlier decision relating to the 'Document Retention Policy'
...Australia Services Ltd; Re Mowbray (No 8) [2006] NSWDDT 15 at 601-602 10 Re JRL; Ex parte CJL [1986] HCA 39 11 At 16 12 Johnson v Johnson [2000] HCA 48 13 Johnson v Johnson [2000] HCA 48 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July 2010)......
6 books & journal articles
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Due Process, Judicial Power and Chapter III in the New High Court
...Ibid 368. Cf at 359 (Gleeson CJ, McHugh, Gummow and Hayne JJ). 101 Ibid 373. 102 Ibid (footnote omitted). See also Johnson v Johnson (2000) 201 CLR 488, 500 (Kirby J); Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128, 147 (Kirby J); Roberts v Bass ......
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Apprehended Bias in Australian Administrative Law
...300; Re Polites; Ex Parte Hoyts Corporation Pty Ltd (1991) 1 73 CLR 78; Webb v R (1994) 181 CLR 41, 67 ('Webb'); Johnson v Joh nson (2000) 201 CLR 488, 492 [11] ('Johnson'); Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337,344 [6] ('Ebner'); Re Refugee Review Tribunal; Ex parte H (......
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Administrative and Constitutional Law
...actual although unconscious bias’: at [62]. This was also underscored by Kirby J in the Australian High Court case of Johnson v Johnson(2000) 201 CLR 488 at 506—508 where he observed that interposing a fictitious bystander and adopting a disqualification criteria based on ‘possibilities’ ra......
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Human Rights in the High Court of Australia, 1976-2003: The Righting of Australian Law?
...exercise of judicial discretion to set aside cost orders and principles of natural justice or procedural fairness); Johnson v Johnson (2000) 201 CLR 488 (Kirby J re: allegation of judicial bias and importance of judicial impartiality); Ebner v The Official Trustee in Bankruptcy (2000) 205 C......
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