Legal Matters Quarterly Update

Decision Maker: Council

Decision status: Recommendations Determined

Decisions:

Moved by Councillor Chung, seconded by Councillor Forster -

It is resolved that:

(A)      Council note:

(i)         Council spends approximately $3.3 million per year on legal services and legal consultancies. The complexity of legal matters ranges at breadth from prosecutions through to civil litigation; and

(ii)        Councillors need to be aware of matters afoot recognising the complex and confidential nature of the material;

(B)      the Chief Executive Officer be requested to provide Councillors an ongoing quarterly update of legal matters provided via the CEO Update. This update will include;

(i)         an update of all court proceedings that Council is currently engaged in broken down by Court and type of matter (for example but not limited to class 1-5 appeals, local court prosecutions, NCAT proceedings, Supreme Court proceedings, IRC proceedings);

(ii)        in table form, a summary of each court matter, costs to date, proceedings number and parties to the matter and status of each matter;

(iii)      year to date costs for each type of matter broken down by costs for consultants, external lawyers and other costs; and

(iv)      the current and year to date summary of matters finalised by matter including outcome and costs for each matter.

Variation. At the request of Councillor Kok, and by consent, the motion was varied such that it read as follows –

It is resolved that:

(A)      Council note:

(i)         Council spends approximately $3.3 million per year on legal services and legal consultancies. The complexity of legal matters ranges at breadth from prosecutions through to civil litigation; and

(ii)        Councillors need to be aware of matters afoot recognising the complex and confidential nature of the material;

(B)      the Chief Executive Officer be requested to provide Councillors an update in table form every six months of legal matters provided via the CEO Update noting the current status and costs to date which includes:

(i)        significant court proceedings that the City of Sydney is currently involved in, including any matters in the High Court or Federal Court;

(ii)       planning appeal matters, including planning appeal matters relating to development which was, or would have been, the subject of determination by the Local Planning Panel or Central Sydney Planning Committee;

(iii)      significant criminal prosecutions commenced by the City of Sydney;

(iv)      all significant matters finalised in the previous 6 months including outcome and costs for each matter; and

(v)       any other matter which the Chief Executive Officer believes is of significance or importance to the Council.

The motion, as varied by consent, was carried unanimously.

S129259

Point of Order

During discussion of this item, Councillor Kok raised a point of order stating that he had been misrepresented in respect to comments made by Councillor Vithoulkas.

The Chair (the Lord Mayor) did not uphold the point of order and advised Councillor Kok that he could speak to misrepresentation

Councillor Vithoulkas offered her apologies and withdrew the comments.

Report author: Erin Cashman

Publication date: 09/08/2021

Date of decision: 09/08/2021

Decided at meeting: 09/08/2021 - Council

Accompanying Documents: