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Legal Action Against Cessnock City Council


DMA
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Press Release

On Thursday 15 September 2011 lawyers, on behalf of SoCares Support Group Inc, have filed a legal challenge against Cessnock City Council for their resolution, dated Wednesday 15 June 2011, to outsource the Council’s impounding services to the RSPCA NSW. The challenge is in respect to the fact that Cessnock City Council did not call a tender, for their impounding service contract, even though members of our Association, other related groups, potential tenderers, as well as general members of the public, advised them to do so.

The call for a tender is a requirement under Section 55 of the Local Government Act. We challenge Cessnock City Council’s position, wherein they claim extenuating circumstances as an exception to calling for a tender, where we assert there are no such extenuating circumstances whatsoever. Similarly we challenge Cessnock City Council’s position that there is no viable alternative tenderer to the one which they have arbitrarily chosen.

The Land & Environment Court will conduct a hearing on the matter on 7 October 2011. The Court will then announce a date for the trail. We expect that to take place in about 6 to 8 months time.

On Behalf of the SoCares Support Committee.

Please make all enquires to: [email protected]

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Source: http://www.supportgroup.socares.com.au/press_release.htm

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As mentioned, the hearing was held on Friday 7 October. The initial court hearing has cleared the way & our case is before the Land & Environment Court on 6-7 Feb 2012 from 10am. For details of anyone wishing to attend, please follow this link to the Land & Environment Court's website: http://www.lawlink.nsw.gov.au/lec

Edited by DMA
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