Finklestein has been presiding for months over the Centro case. On Friday he finally removed himself admitting that due to an “administrative oversight” he omitted to inform the Court and the public that his own private super fund (of which he is a director and beneficiary) owns Centro shares, and that those very shares are the subject of a class action being considered by Finklestein as a judge.

Its almost inconceivable that a family super fund containing the word Centro on its investments would not trigger a slight recognition from a judge/director/beneficiary who is immersed in the Centro litigation on a daily basis. What other shares has he got in his portfolio that he thinks so unimportant that they wont affect his judgement in commercial matters, either in the past or the future? What shares were in the portfolio at the time of the Opes Prime hearings?

Finklesteins failure is a failure at every level. It’s a gross breach of duties, both directors and judicial, to keep relevant parties fully informed and to declare any potential conflicts. To act in good faith. To exercise care. To attend personally to his duties. And even after its reluctantly exposed, it’s then a gross failure of judgement about what the public thinks might amount to “conflict” or give rise to “bias”. He still doesn’t get it.

Finklestein has a public duty. The failure of that public duty has cost the participants hundreds of thousands of dollars; the shareholders time, perhaps millions of dollars; and the Court, funded by the taxpayer, tens of thousands. But the real cost is the loss of confidence in the judiciary at a time when our institutions are challenged.