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ARTICLE · 07 DECEMBER 2014

Update: Supreme Court challenge to council reforms

The basis of the Councils' challenge focused on an allegation that there had been a denial of procedural fairness.

AustraliaGovernment, Public Sector

We reported back in October, that the Western Australian State Government is to make major reforms to the number of local governments in metropolitan Perth. The reforms were subject to a legal challenge in the Supreme Court, which was heard on 25 November 2014.

The applicants, being the City of Subiaco, City of South Perth and the Shire of Serpentine Jarrahdale (Councils) challenged the process by which the Minister and the Local Government Advisory Board sought to implement the amalgamations. The Councils also sought an injunction, which would have prevented the State Government from continuing with its reforms.

The application was dismissed by His Honour Chief Justice Wayne Martin. His Honour found no evidence that the reform process, undertaken by the Minister for Local Government and the Local Government Advisory Board (LGAB), was conducted improperly.

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