Liverpool Council Initiates Court Action

Liverpool Council has been given additional time to respond to the Interim Report by the Office of Local Government and has initiated legal action against the State of NSW, the Minister for Local Government and three others.

In its action in the Land and Environment Court, the Council is seeking:

• A declaration that the Deputy   Secretary of the Office of Local Government, Brett Whitworth, had no power to   make an interim report before the conclusion of his investigation into the   Council.
• A declaration that, in   reporting adversely about Liverpool Council and individuals in the interim   report, Mr Whitworth failed to observe the requirements of procedural   fairness and exhibited actual or apprehended bias.
• A declaration that, in   publishing the interim report, the Minister for Local Government, Ron Hoenig,   Mr Whitworth and Kiersten Fishburn, the Secretary of the Department of   Planning, Housing and Infrastructure exhibited actual bias or apprehended   bias.
• An order setting aside the   interim report.
• An order disqualifying the Minister   Hoenig, Mr Whitworth and Ms Fishburn from taking any further steps in   reporting on the results of the investigation.
• An order setting aside Minister   Hoenig’s decision to appoint Mr Ross Glover as Commissioner to hold a public   inquiry into Liverpool Council.

The council is also seeking orders to prevent the Minister from suspending the council and postponing the election of Council, and orders that the Interim Report into Liverpool Council be expunged from the public record.

The Court document states that, in publishing the interim report and relying upon it for decision-making, Minister Hoenig acted with partiality and exhibited actual or apprehended bias and is disqualified from exercising his powers to appoint the public inquiry, postpone the election and suspend the Council.

Liverpool Council’s time to respond to the Interim Report has been extended by the Office of Local Government to 5pm next Wednesday, 31 July 2024.

The full summons is attached here.