Group says council legal threat remains

By Tim Howard

A Yamba community group potentially the target of Clarence Valley Council legal action, says the threat has not gone away, despite council’s claims to the contrary.

A letter claims Yamba Community Action Network (Yamba CAN) Inc has defamed council’s general manager Laura Black and demanded the group apologise to Ms Black and remove material it claims is defamatory from its Facebook page.

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The secretary of Yamba CAN, Lynne Cairns, said the group had legal advice that the letter to the group from council’s solicitor on July 18, was a concerns notice, a document necessary to begin court proceedings.

The group said their legal advice said the letter used legal language consistent with a concerns notice and made demands for amends as a concerns notice would.

“We’ve been told the letter ticks the boxes for Sections 12 A and B of the NSW Defamation Act,” Mrs Cairns said.

Yamba CAN has been advised the council has until July 2024 to take it to court if it believed Yamba CAN has not complied.

It has taken the matter it seriously and via its solicitor asked the council to provide more details of their allegations.”

The council’s solicitor has replied and, after considering the further information, Yamba CAN’s  solicitor replied, denying the allegations.

Ms Black and Clarence Valley Mayor Ian Tiley have gone on the record to say the council was not threatening legal action.

In a Northern Rivers Times article last week Mayor Tiley said “there’s no defamation proceedings underway.”

“She’s (Ms Black) informed the councillors she took legal advice about it in general terms, the taking of defamation proceedings,” Mayor Tiley said.

“Nothing has occurred in that space. She initiated contact with the solicitor to get advice. She’s got the advice.”

Mayor Tiley said “he knew nothing about the details of a concerns notice Yamba CAN received.”

Mayor Ian Tiley’s claim “there’s no defamation proceedings” has been disputed by Yamba CAN.

And Ms Black, in a radio interview on Loving Life FM, denied the letter was part of litigation.

“There is no litigation involved here,” she said on radio.

“A notice of concern about defamatory comments has been issued to a member, two members of Yamba CAN. It’s not about Yamba CAN itself and it’s not legal action.”

A councillor has also posted on Facebook that Secretary Mrs Cairns and Chair Col Shephard have received a letter addressed to them from council, not Yamba CAN. A letter asking them, not Yamba CAN to cease defaming council. That’s it.

Yamba CAN disputes the letter, a concerns notice, was directed at Mrs Cairns and the group’s chair Mr Col Shephard.

The group’s legal advice noted the first letter was addressed to “Yamba Community Action Network (Yamba CAN) Inc” and only addressed Mr Shephard and Mrs Cairns as officer bearers. The second letter, addressed to Yamba CAN’s solicitor says, “Your client: Yamba Community Action Network (Yamba CAN) Inc.”

Mrs Cairns and Mr Shephard have not received individual letters.

Yamba CAN said it has incurred costs in this legal matter commenced by council.

Mrs Cairns said Yamba CAN wants an open and transparent council that welcomes community participation.

The Northern Rivers Times has asked Clarence Valley Council and Ms Black to clarify its position but it has not replied.

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