General News
22 June, 2022
Lawyers engaged
THE fight for use of the multi-purpose room at the Mortlake Community Centre has ramped up with the Mortlake Community Development Committee (MCDC) and Moyne Shire Council engaging legal representation.
THE fight for use of the multi-purpose room at the Mortlake Community Centre has ramped up with the Mortlake Community Development Committee (MCDC) and Moyne Shire Council engaging legal representation.
The dispute over use of the multi-purpose room has been ongoing in recent weeks after Moyne Shire director of corporate and community services David Rae moved to terminate the MCDC’s existing lease agreement at the centre, which councillors supported 6-1 at this month’s Ordinary Meeting of Council.
The current lease allows use and bookings of the room for community groups, but council is seeking to use the space to establish a library management hub as part of the shared-service library amalgamation with Corangamite Shire.
MCDC president Kelvin Goodall said the group had engaged the services of a Warrnambool-based law firm.
“A letter of the legal advice has gone to Moyne Shire director of corporate and community services David Rae and chief executive officer Brett Davis,” he said.
“I have also sent a copy to each of the councillors."
“We’re very happy with the legal advice we’ve received; it’s impossible to take the grin off my face."
“We’ve been told we have a very good case.”
The legal advice argues Moyne Shire Council’s decision to terminate the existing lease was without a proper legal basis as the MCDC is not a corporation, is clearly identified as a joint tenant and has not breached any terms of the lease.
Legal correspondence with Moyne Shire Council began last Wednesday, June 15, when MCDC’s legal representation called on council to reinstate the existing lease agreement.
The letter stated if an agreement cannot be reached within seven days, mediation would be sought through the Victorian Small Business Commissioner.
Urgent injunctive relief against the forfeiture of the lease was an additional option, which could be sought through VCAT.
In response to the request, a Melbourne-based law firm representing council stated “council hereby withdraws the letter” of May 10, the initial notice of the MCDC’s lease termination.
Council would not confirm to WD News if this means the termination of the lease was on hold, but the correspondence did state “council reserves the right to terminate the lease based on the winding-up of the CRLC”.
“We want people to know there is something happening,” Mr Goodall said.
“This is an important issue to the community.”
The current library managers Corangamite Regional Library Corporation (CRLC), the joint tenant of the community centre with the MCDC, will cease operations from July as the newly-announced Corangamite Moyne Library Service begins operations.
The shared-service model was adopted after former CRLC members Colac-Otway Shire and Warrnambool City Council opted out of the service.
While Moyne Shire Council has stated the MCDC will be offered a new lease agreement to continue services its volunteers offer at the Community Centre, any new lease agreement will not include use of the multi-purpose room.
The shire has defended the decision, stating the establishment of the management hub in the multi-purpose room would be the best use of ratepayer dollars and bring three new jobs to Mortlake, as Corangamite and Moyne Shire Councils begin operation of the region’s libraries from July.
However, the community has pushed back against the decision as the multi-purpose room was the only fit-for-purpose meeting room in Mortlake available to community groups, and no public efforts were made to consult with the community.
WD News posed a number of questions to council, which went unanswered.
“Council is seeking advice from its lawyers on the matters raised by lawyers representing MCDC,” a Moyne Shire spokesperson said.
“As this has now become a legal matter, council will not be providing any further comment.”
Mr Goodall also said he was frustrated with the lack of communication from councillors.
Despite councillors vowing at this month’s Ordinary Meeting of Council to help community groups find an alternative location for meetings, Mr Goodall said none of the councillors had reached out to him.
“Nobody from the council has contacted me in that regard,” he said.
UPDATE - After this article was published, WD News learned Moyne Shire Council mayor Cr Ian Smith had reached out to MCDC president Kelvin Goodall to discuss alternative venues for community meeting spaces.