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Council demands legal costs

By CAM LUCADOU-WELLS

FORMER Casey councillor Paul Richardson faces $200,000-plus in legal costs after his discrimination claims against Casey council were rejected by the Victorian Civil and Administrative Tribunal last Wednesday.
Councillor Sam Aziz successfully moved for the council to seek an order for costs against Mr Richardson at Tuesday night’s council meeting.
Cr Aziz said the case had cost the council more than $200,000 for legal advice and representation, plus another $100,000 of “council resources used in managing the case”.
“His abuse of the legal process has been outrageous and expensive for the community and Mr Richardson should now be held to account.
“VCAT has provided the opportunity for (the) council to seek an order for costs, and I intend to move… that (the) council seeks such an order.”
Last week, the tribunal rejected Mr Richardson’s six complaints under the Equal Opportunity Act of being discriminated against for his “political belief or acitivity”.
The complaints included being banned from asking questions in public question time at Casey council meetings in 2011 and being forcibly removed from a 2012 meeting.
Mr Richardson has again been allowed to again ask questions at meetings since September 2013.
In bringing the VCAT claim, Mr Richardson had sought $274,000 compensation from Casey for loss of income and “humiliation, injury to feelings, hurt and distress”.
Last week Mr Richardson said he would make no comment on the VCAT decision except to say he’d take “further action”.
In her decision, VCAT member Anna Dea stated that the ban did not appear to be connected with Mr Richardson’s “political belief or activity”.
“I am not persuaded that he was engaged in participation in public affairs in a manner which entitled him to continue untrammelled.
“Further, his manner of participation failed to respect the rights of others and was inconsistent with the council managing its affairs in an orderly manner.”
Ms Dea stated that Mr Richardson had been taking up a “very significant amount of council resources” with repetitive questions and abusive, threatening treatment of councillors and staff.
“Importantly, Mr Richardson was still able to ask two questions per council meeting through other people.”
Casey corporate services director Sally Curtain said the council hoped Mr Richardson would “now moderate his behaviour”.
“VCAT has found that the public question time ban was not discriminatory.
“Rather, it was an attempt by (the) council to control Mr Richardson’s unmanageable behaviour.”

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