The ‘incompatibility of roles’ performed by the impugned council officer

    The essence of Isbester ultimately rested on the ‘incompatibility of roles’ performed by the impugned council officer, Hughes, given her status as the ‘moving force’ responsible for the initial Magistrates Court hearing. That Hughes was an active participant in the subsequent Tribunal proceeding, whereby she convened and served on the panel, provided an evidentiary brief, procured further evidence and drafted the ultimate reasons for deciding was sufficient to establish a ‘perceived conflict of interest’ in that case.