7.8.4.2 Waiving of Objection of Bias by Standing by until Decision Issued

Also in this Chapter:

• ​​​​​7.8.4.1 Rules
• ​​​​​​​7.8.4.3 Bias as a Result of Contact with Parties Outside of Hearing
• 7.8.4.4 Bias as a Result of Other Proceedings Involving the Same Parties

Where a party has a perception of bias arising out of the conduct of proceedings, it:

“is not entitled to stand by until the contents of the final judgment are known and then, if those contents prove unpalatable, attack the judgment on the ground that … there has been a failure to observe the requirement of the appearance of impartial judgment. By standing by, such a party has waived the right subsequently to object.” (Vakauta v Kelly [1989] HCA 44 at [5]; 167 CLR 568)

However, notwithstanding that a party has so stood by, if whatever comments that gave rise to a perception of bias are carried over into the actual decision and have the effect of conveying an appearance of impermissible bias in the decision, the party has the right to object (Vakauta v Kelly supra at [7]).