Dispute Resolution Processes – Adjudicator’s Role – Bias – Transfer of Proceedings
ADMINISTRATIVE LAW – Bias – apprehended bias – interest or association bias – Member of Tribunal providing lay and expert evidence in support of a claim brought by his domestic partner in proceedings in the Tribunal – application to transfer proceedings to a court pursuant to Sch 4 cl 6 of the Civil and Administrative Tribunal Act 2013 – appeal against refusal – whether all Members of the Tribunal affected by apprehended bias so as to necessitate the transfer of the proceedings to a court – challenge to exercise of discretion – principles applicable in claim for apprehended bias

The Owners – Strata Plan No 4159 v Wolff [2021] NSWCATAP 135 (14 May 2021)