Legal Action – Defamation Statements

A confidential item was considered at the Capel Shire Council meeting on 27 June 2018 to support Shire President Murray Scott and outgoing Chief Executive Officer Paul Sheedy in obtaining legal advice and representation from Civic Legal. 

The law firm indicated that, in their view, potentially defamatory statements have been made on Facebook posts, against Cr Scott and Mr Sheedy by alleged defamers. 

Council Policy 1.5 allows the Council to agree to meet the legal costs involved in issuing ‘concerns notices’, with the Council being requested to formally resolve to support the action.

Council voted to support this policy and issue concerns notices on their behalf with a view to obtaining a public apology and other amends to a maximum combined cost of $6,000. 

The Local Government Act provides Council with a confidential vote in certain circumstances such as items related to employment or commercial contract, matters that could relate to legal action or items that could affect certain parties (see section 5.23 of the Local Government Act 1995).