Tuesday, November 13, 2012

appeal to supreme court on again

In the last week or so I have received numerous requests regarding an appeal to the Supreme Court in the matter of VCAT P3933/2011 McDonalds v Yarra Ranges Shire Council and others. The requests are based, in the main, on a new council that is not bound by caretaker provisions.


After seeking both legal and governance advice I will be raising a motion for the new council to consider seeking leave of the Supreme Court to request lodgement of an appeal outside of the 28 day timeframe in VCAT P3933/2011 McDonalds v Yarra Ranges Shire Council and others at tonight’s council meeting.

However there's a couple of the steps I need to take in order for the motion to be put to council.

As the matter is not listed on our agenda I will need to seek leave of council to consider the matter as ‘urgent business’ for tonight’s meeting, if this does not receive the majority support of councillors I will not be able to proceed any further and will list the item as a 'councillor motion' for the next council meeting on 27 November, 2012.


Should I be successful in getting the motion heard prior to the 3 month period I will move the following motion:
“That council seeks leave of the Supreme Court to request lodgement of an appeal outside of the 28 day timeframe in the matter VCAT P3933/2011 McDonalds v Yarra Ranges Shire Council and others.”

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1 Comments:

At 6:11 PM, Blogger Soil Survivor said...

McDonald's greatest asset is it's brand and the public perception thereof. Even if they were to "win" at the VIC Supreme Court, and even if they were awarded costs, they'd be looking at a public relations nightmare. I seriously doubt corporate hq for Maccas Australia would allow this to go that far. I'm all the more certain that their parent multi-national in the US would take an equally dim view of it.

The council needs to recognize that Maccas is not going to allow their brand to be tarnished by the tsunami of negative press they're sure to get, being protrayed not as a company that cares about and contributes to local communities, but rather as a big bully that goes around beating up on those communities, sucking money from them, and sending the proceeds out of the region and even out of the country.

 

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