The Town of Cambridge has had its injunction against Local Government Minister David Templeman upheld by the Supreme Court of WA.
The Town of Cambridge has had its injunction against Local Government Minister David Templeman upheld by the Supreme Court of Western Australia.
That injunction, filed in June, was sought on the same day the town’s council was due to respond to a ‘show cause’ notice issued by Mr Templeman.
Mr Templeman had issued the notice because of concerns he held about the town’s ability to manage operations and provide good governance.
Today’s ruling, however, found any attempt by Mr Templeman to suspend the council would be “disproportionate” when considering factors listed in the notice, believing the decision would have been legally unreasonable.
“In the light of the conclusions I have reached in relation to the town's other grounds, it is unnecessary for me to deal with the improper purpose ground,” Judge Paul Tottle wrote.
“The town is entitled to the substantive relief it seeks and I will hear from the town and the intervener as to the orders to be made to give effect to these reasons."
Mayor Keri Shannon welcomed the news this afternoon, saying she was pleased the court had determined it inappropriate to suspend the council.
“It is apparent from the decision of his honour that the minister was not properly briefed by his department as to the true state of the town’s affairs,” Ms Shannon said.
“The town had written to the department on multiple occasions to advise of the many governance, administrative and workplace reforms it had undertaken, over a three-year period.
“We recognise that it is very important for a local government to work constructively with the department and the minister and we have cooperated with the department at all times throughout the course of the long-running inquiry process.
“We hope that today’s decision, which vindicates the town’s legal action, will provide an opportunity to reset this relationship.
“It is a very unfortunate situation that a council is forced to take a minister to court in order to keep doing the job for which it was duly elected.
“This is the first time that any local government in WA has taken such an action.
“Thank you to our ratepayers for your continued support and confidence in your elected members to do the right thing.
“The town intends to seek reimbursement for the legal costs incurred as a result of this process so that our ratepayers are not left footing the bill.”
In written response to Business News, Mr Templeman said he acted on the best departmental and legal advice available.
“There had been a number of complaints to both the department and my office from elected members, the community and employees of the town," he said.
“The show cause notice provided an opportunity for me to notify the town of my concerns and provide the town an opportunity to respond and or take action.
“While the decision was focussed on the exercise of my powers, my concerns in regard to the Town of Cambridge are valid.
“I accept the decision by the court; however I maintain my concern for the community and employees of the town.
“Since coming to government I have embarked on a comprehensive review of the Local Government Act.
‘The review has highlighted the inadequacy of the interventions available to the minister and department.
“This decision provides some judicial guidance to inform the review process and the need for clarification of ministerial powers.”
In response to today's ruling, Bill Marmion, whose electorate of Nedlands partially overlaps with the Town of Cambridge, said today's outcome vindicates the council's position.
"The minister must now explain on what basis he instigated the ‘show cause notice’, when it was plain to all that there was no basis for that action," he said.
Today's ruling comes two weeks before the council is set to hold an extraordinary electon to fill the council seat vacated by James Nelson in July.
Two candidates will appear on the ballot: former staffer to Senator Michaelia Cash, David De Garis, and retired builder Rob Fredericks.
The election will be held on October 16.