Author: William Newland

A unanimous (five Justice) High Court approval of the apprehended bias test in Ebner v Official Trustee in Bankruptcy. Three Justice majority conclusions about the application of the Ebner test, and the requirement of materiality in a jurisdictional error before a decision will be invalidated.

The High Court unanimously held that a State legislature could not vest jurisdiction in an executive tribunal to hear a dispute between residents of different States, but split 4:3 on why