Lawyers give Brimbank councillors the green light

By Staff Writer

Councillors from Brimbank have been given the green light by lawyers to proceed with a legal challenge against their sacking by the Local Government Minister, Richard Wynne, in September.

According to a legal memorandum, lawyer Michael Pearce said the lawfulness of the suspension was questionable and that councillors had been denied natural justice to counter the allegations against them.

“The Scales September report provided no proper basis for a decision as momentous as the recommendation to suspend democratically elected councillors,” he said.

All 11 Brimbank councillors were suspended on September 15, although only six were said by council inspector Bill Scales to be under investigation.

At this stage no councillor has been charged with any breach of the Local Government Act although investigations into at least two councillors, Sam David and Geraldine Brooks, have been completed.

Suspended councillor Marion Martin told the Brimbank Leader that the majority of councillors would be going ahead with the legal challenge against the Victorian government over their suspension.

“We are very serious about this,” Ms Martin said. 

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