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Australia grounds procedural impropriety

Isbester v Knox City Council

(2015) 255 CLR 135
JurisdictionAustralia
CourtHigh Court of Australia
Year2015
StatusBinding authority

Summary

A reasonable apprehension of bias arises where a council officer who lodged a complaint against a dog owner also participated in the decision to order destruction of the dog.

Key Principle

bias; reasonable apprehension of bias; council officer; domestic animal destruction order; natural justice

Area of Law

public-law

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Judicial review is limited to jurisdiction, correct legal test, and procedural fairness; merits review of administrative decisions requires express statutory authority.

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