The application, of course, was not based on actual bias but on an apprehension of bias. The reason why a court requires a judge to disqualify himself or herself where there is an apprehension of bias is because the law must not only be done but be seen to be done. An obligation to disqualify on the ground of apprehension of bias arises where "a fair minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide": Ebner v Official Trustee In Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 at [33] (and the cases cited therein).

36 There must be a real apprehension, of course, that the judge might decide the case other than on its factual or legal merits. There must be, as well, a logical connection between the circumstances which are said to give rise to the apprehension of bias "and the feared deviation from the course of deciding the case on its merits": Ebner v Official Trustee In Bankruptcy (supra) at 345 at [8].