Bias and Recusal: A Practical Guide for Family Practitioners
Shaun Spencer KC and Úna Graham have written an article entitled: Bias and Recusal: A Practical Guide for Family Practitioners, which has been published in the August 2026 issue of Family Law Journal. The article discusses applications for a judge to recuse themselves following the appearance of bias. Such applications are of fundamental importance in maintaining the right to a fair trial.
The article analyses case law to highlight what apparent bias actually looks like in practice, the importance of recusal applications for public confidence in the justice system and when recusal will or will not be justified in certain scenarios.
To assist family law practitioners, this article also discusses the legal test for recusal applications and sets out a step-by-step guide to the required procedure.
The conclusion reached within this commentary is that robust judicial case management is still evolving and therefore the boundary between justified intervention and grounds for a recusal application must be sensitively approached.
The article can be read here (paywall applies): Bias and recusal: a practical guide for family practitioners.
