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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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Wow! Good for you. Good to see someone taking on these local tinpot tyrants. Good luck. Will be interested to hear how you get on. :)

supportgroupdolheader.jpg

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]

******************************

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

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Wow! Good for you. Good to see someone taking on these local tinpot tyrants. Good luck. Will be interested to hear how you get on. :)

Just a quick update... they were served with the court summons on Tuesday

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  • 3 weeks later...
  • 3 months later...

I can't stay long as I'm on the train heading home, plus the battery is getting low, but the first day is over & we've ended on a good note. Our evidence looks solid. No promises, & please bare in mind I can't really say much given we're in the middle of the proceedings, but the good old Section 430 Report made another appearence to the surprise & annoyance of Cessnock Council. It's just like Banquo's ghost - it just won't go away.

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Oh I forgot to update here the second day. Sorry things have been sooooooo busy.

Yes the second day. We presented compelling evidence to support our two claims that:

1) There were no extenuating circumstances &;

2) the only people Cessnock Council ever talked to was the RSPCA.

So we certainly have put forward a strong case.

In the afternoon they basically argued about legal tecnicalities. The Council legal team countered some of our evidence, but by concentrating on technicalities they were trying to either have much of the evidence ruled as irrelevant or tried to put a different interpretation on it.

At the end of the trail I've got to admit I have no idea how we went. The judge will hand down her findings in two to three months or so I'm told.

Edited by DMA
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