Having never practiced in NSW, the matter appears particularly salacious. Any dust raised by Wass J's decisions?
Director of Public Prosecutions (NSW) v President of the Legislative Council of New South Wales [2026] NSWCA 20
https://www.caselaw.nsw.gov.au/decision/19cb2047335215cbced878bb
[13] However, we do note that it is highly unusual for a sitting judicial officer to make a submission to a Parliamentary Committee bearing upon the conduct of any particular litigant before the judicial officer. None of the parties or interveners identified any comparable case, and we are aware of none. It is axiomatic that any judicial officer must constantly be concerned to ensure that justice is and has the appearance of being administered impartially. Although we make no comment as to the Judge’s Submission, one of the incidents of holding judicial office is the need to refrain from making statements which are capable of giving rise to a perception that the judge may not deal with matters before that judge impartially.
R v Baker [2026] NSWDC 239 (10 July 2026)
R v Baker [2026] NSWDC 239 (10 July 2026)
[110] What is most important in any consideration of whether there is a logical connection between the Director and the case, is to imbue the Observer with such knowledge, in the “real world of actual litigation". That is concerned with roles carried out and not labels. To do otherwise would be to ignore the need for the Crown to articulate a reasonable and logical connection between the Director and the matter, such that the Observer might conclude that any views I have of the Director might have any capacity to influence my decisions in the case. In this case, for the reasons identified, no logical connection has been identified.
[122] Accordingly, the Director’s lack of status as a party to the litigation and the line of delegation results in there being no connection between the statements made against the Director in the Submission or any other factor and whether the Observer might think that I might not deal with any submission to be made in the future by the Prosecutor on behalf of the Crown other than in accordance with its merits. The Observer would have no basis upon which to conclude that this might not be the case either then or in the future, given the distance between the Director and the case at hand.