Barrak v City of Parramatta Council

[2019] NSWLEC 59

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. LOCAL GOVERNMENT - closed council meeting - councillor expelled by Lord Mayor - expulsion was for committing act of disorder (for calling the Lord Mayor a “clown”) - was conduct disorderly - conduct disorderly - was expulsion by Lord Mayor without resolution of council valid - expulsion invalid - no utility in bare declaration - no relief granted
1. LOCAL GOVERNMENT - closed council meeting - councillor makes comments about external legal advisers - were comments an act of disorder - comments a breach of cl 256(1)(e) of the Local Government (General) Regulation 2005 and thus an act of disorder
1. LOCAL GOVERNMENT - closed council meeting - meeting dealing with personnel matter - resolution that councillors return confidential papers and notes - was resolution valid - resolution valid
1. LOCAL GOVERNMENT - council meeting - resolution that councillor be removed from committees - resolution adopted after councillor had been expelled from meeting - was councillor required to be afforded procedural fairness and natural justice before removal - removal part of political process of council and no procedural unfairness or denial of natural justice before removal - removal also sanctioned by s 47 of Interpretation Act 1987 - removal from committees valid