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Clarence Valley News

New twist in council defamation case saga

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Mayor Peter Johnstone - Clarence Valley Council Defamation
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New twist in council defamation case saga

 

By Tim Howard

The saga of Clarence Valley Council’s defamation action against a community group has taken another twist, with reports council’s general manager Laura Black will pay legal invoices arising from the action.

Council mayor Peter Johnstone did not the deny the claim, but would not comment further because it was an ongoing legal matter. Ms Black was on leave and unavailable for comment.

The secretary of Yamba Community Action Network, the target of the council’s action, Lynne Cairns, said it had been informed from a resident that there was a rumour about this.

Mrs Cairns said the group only has legal letters written by Sparke Helmore Lawyers on behalf of the council.

“The governing body of Clarence Valley Council are the elected councillors and therefore the legal action was taken in their name,” she said,

General Manager Laura Black - Clarence Valley Council Defamation

General Manager Laura Black

Yamba CAN has denied being responsible for any defamation and questioned why council took this action.

Mrs Cairns said the group was aware some councillors claimed the council never intended to take Yamba CAN to court.

Yamba CAN has requested councillors pass a written resolution stating that they have no intention to take Yamba CAN to court regarding the letter sent by Yamba CAN on July 12 2023 which stated that councillors had received some inaccurate information with regard to the Treelands Drive Community Centre project.

Mrs Cairns said Yamba CAN had not received formal notification about this matter.

The Northern Rivers Times is making no implication the council has acted improperly in these matters.

It does not seem likely the council plans to withdraw.

Prior to the September 26 council meeting, Cr Bill Day made three attempts to lodge a notice of motion to obtain copies of all correspondence surrounding the Concerns notice and potential litigation against Yamba CAN, but each one was rebuffed.

Cr Day said the general manager had “blocked him at every turn”.

Mayor Peter Johnstone - Clarence Valley Council Defamation

Mayor Peter Johnstone

“I thought it was a fair and reasonable request,” he said. “But if you turn to the September 26 council business paper, there is no notice of motion in there.”

Cr Day said in his 12 years experience as a local government councillor, he had never been party to legal action against the community.

“It’s regrettable and could be seen as an attempt to dissuade members of the community from saying things some people don’t want to hear,” he said.

“It’s also distressing that councillors have been denied access to documents that allow them to fulfil their role on council,” he said.

Cr Day said he disagreed with the views of some councillors that the matter was not legal action.
“Yamba CAN has a concerns notice, which is a legal document that is the start of a defamation action,” he said.

“By any definition that constitutes legal action.”

The saga goes back to July when the group revealed at its first annual meeting it had received a concerns notice claiming Yamba CAN had defamed Ms Black.

Ms Black denied it was a legal letter and then Mayor Ian Tiley said he was not aware of any legal action council had undertaken.

Yamba CAN’s legal advisor told the group the concerns notice was valid and allowed the council 12 months to mount a defamation case.

Yamba CAN has consistently denied it has defamed Ms Black and would contest any claim it had.

 

For more local Clarence Valley news, click here.

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Clarence Valley News

Community group’s council audit delayed

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Community group’s council audit delayed

 

By Tim Howard

A community group supposedly the target of a Clarence Valley Council audit in February 2024 over the cost of its interactions with council has pointed out the audit has not been completed. The General Manager, Laura Black commented, “I anticipate it will take a couple of months.”

The secretary of Yamba Community Action Network (YambaCAN), Lynne Cairns, said this week’s council business paper included a report, Council Meeting Checklist – update on actions taken.

The report revealed staff had not completed the action, the result of a council resolution at the February 2024 council meeting.

“On page 175 of the business paper there is a note next to the item,” Ms Cairns said.

“It reads: ‘Staff responsible for collating information have been diverted to prepare and respond to legal action taken against council by an executive member of YambaCan’.”

Ms Cairns said this was incorrect as no-one on the YambaCAN executive had taken legal action against the council.

She was aware of some matters concerning the council a member of YambaCAN had taken to the NSW Civil and Administrative Tribunal.

“These matters were not matters concerning YambaCAN and the member who brought them was not acting for YambaCAN,” Ms Cairns said.

“I’m concerned this is some disinformation that somehow YambaCAN is responsible for delaying council’s investigation of its actions.

“YambaCAN is requesting an apology from council for the incorrect information in the business paper.”

The resolution read: that the general manager advises, by way of a report the:

1. allocation of resources required to respond to GIPAs submitted by YambaCan since January 2022.

2. allocation of resources required to respond to RFI (Request for Information) submitted by YambaCan since January 2022.

3. any cost implications of delays to delivering the Yamba Community Precinct project since January 2022.

The matter was passed 5-4, but debate was fiery.

Cr Karen Toms brought it as a notice of motion to alert the public to the costs the group’s GIPA requests and requests for information were incurring.

But other councillors said these costs were part of council operating openly and transparently.

Cr Greg Clancy was concerned the motion focused on just one group when council records showed it was responsible for a fraction of the requests.

“As seen in the listing of GIPA applications on council’s website, there are 22 GIPA applications and only six of these refer to YambaCAN,” he told the February meeting.

He also revealed YambaCAN had lodged a request for information, however were informed that there were 290 requests for information previously lodged by others that were waiting to be processed.

Ms Cairns was concerned that with the council going into caretaker mode on August 16, ahead of the September local government elections, council could not effectively decide on the matter.

There will be report on the outcome of this matter and other matters at council in next week’s edition of The Northern Rivers Times.

 

For more Yamba news, click here.

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Clarence Valley News

Clarence Valley Country Muster

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Clarence Valley Country Muster
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Clarence Valley Country Muster

 

If you are missing the country sounds from Tamworth, fret not, as the Clarence Valley Country Muster is just around the corner.

Expanded from two days to four, the event will start on July 25th and go to July 28th at 11 Coulters Lane, Ulmarra, near Grafton.

You will enjoy artists such as Jade Hurley, John, Lloyd, Jack Watson, Lindsay Waddington and Jamie Davis.

Special guest artists, Paul Ricketts, Winner of the Thornton Young Award and Nay McAplin, Winner of the Walk Ups in July, will also make an appearance.

Your comperes for the main stage will be Terry Gordon OAM and Ken ‘Chainsaw’ Lindsay.

And bring those nerves with you, as from 10.30am on Thursday, aspiring artists can take their turn on the microphone, with John Lloyd hosting the walk-ups.

All acts will be vying for a gig at next July’s event.

Now is the time to grab a group of friends or family members and book your spot by heading to their website www.cvcmuster.com.au or calling Wendy Gordon on 0432 741947.

Gates open for early arrival at the muster site on Tuesday, July 23.

For $120 per person, you can enjoy a full week of camping, camaraderie and entertainment at one of the best value-for-money festivals in the Clarence Valley.

Check out is Tuesday, July 30.

If you have a fire pit, bring it along as wood will be supplied.

There will be songs around the campfire, best dressed Christmas and party games and a big finale on the Sunday.

 

For more local Clarence Valley news, click here.

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Clarence Valley News

NSW BUDGET: NOTHING FOR RICHMOND AND CLARENCE VALLEYS COST OF LIVING CRISIS, BUT SOME WINS

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NSW BUDGET: NOTHING FOR RICHMOND AND CLARENCE VALLEYS COST OF LIVING CRISIS, BUT SOME WINS

 

The NSW Labor Government’s 18 June Budget does nothing to alleviate the growing cost of living problems in the Richmond and Clarence Valleys, although there is some good news for the region, according to Clarence Nationals MP Richie Williamson.

“Everywhere I go, every local I talk to, they all say the same thing: we’re struggling with rising costs – why isn’t the Government helping?” Mr Williamson said.

Mr Williamson said that he was all for working cooperatively with the Government, but there was mounting evidence Sydney Labor is “out of town, out of touch and the budget is out of control”.

“Calls to reinstate the $250 fuel card for regional seniors, students and apprentices have fallen on deaf ears, but Sydney seniors now enjoy $2-a-day Gold Passes on Sydney’s massive and massively subsidised public transport system as well as toll relief for Sydneysiders,” Mr Williamson said.

“Calls to save the Ulmarra ferry from Labor’s axe met a similar fate, at the same time as Labor is buying a fleet of new ferries for Sydney and took over another Sydney ferry service that has lower patronage than Ulmarra to Southgate.”

Mr Williamson did acknowledge the Government’s ongoing funding of the previous Liberals and Nationals Government’s Grafton Base Hospital rebuild, the allocation of $6.2m in the fight against White Spot disease in local rivers as well as a “welcome” $90m boost for the Resilient Homes Program, following the 2022 floods.

“These are crumbs compared to what Labor is lavishing on its Sydney heartland,” Mr Williamson cautioned.

“The Richmond and Clarence Valleys provide the timber for Sydney homes, the beef for Sydney dinners as well as the sugar and milk for Sydney cappuccinos.

“That needs to be acknowledged and we deserve our fair share,” Mr Williamson concluded.”

 

For more Richmond Valley news, click here.

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