Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Waiving of Objection of Bias by Standing by until Decision Issued

Date Published

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]).

Amended Reasons

Amended Reason Date Amended
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