Fleurieu Peninsula-based Alexandrina Council, and the local waste authority, issue extraordinary legal threats over reporting of asbestos court row

Lawyers acting for a regional council and a local waste authority have issued extraordinary legal threats over claims reporting of an asbestos court row was akin to “contempt”.

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Lawyers acting for a regional council and a local waste authority have issued extraordinary legal threats over claims reporting of an asbestos court row was akin to “contempt”.

Alexandrina Council, and Fleurieu Peninsula Regional Waste Authority, are being sued for undisclosed damages over allegations of failed management of asbestos in recycled material.

Fleurieu Peninsula residents have launched action in the Environment, Resources and Development Court against the organisations, which deny wrongdoing.

Authorities were last week asked for a response to various allegations of failures from DBH Lawyers, which has launched action on behalf of affected property owners – the claims have yet to be tested in court.

In response, Mellor Olsson Lawyers partner Anthony Kelly, writing on behalf of the council and authority, threatened legal action.

“Our clients are exercising legitimate rights available to any party to litigation, namely to have a judicial determination of the relevant dispute,” Mr Kelly wrote.

“Any publication by you which attempts to prejudge the outcome of that dispute or hold our clients up to public criticism for the legitimate exercise of their legal rights would arguably constitute a contempt of the legal proceedings in which are [sic] clients are parties.”

The court dispute centres on allegations the council and waste planning authority, which services more than 56,000 residents, failed to properly manage asbestos dangers. Authorities deny wrongdoing. Picture: Steve Tanner

The authority, which controls waste, recycling and bin collections, was formed with member councils including Alexandrina, Victor Harbor, Yankalilla as well as Kangaroo Island.

Mr Kelly, a partner in the litigation, local government and property development section of the firm he joined in 2003, wrote “defence of these claims by our clients is legitimate” on its legal liability and any alleged losses claimed.

He said The Advertiser’s questions named allegations from DBH and therefore raised “no question of the confidentiality attaching to journalistic sources can arise”.

“Our clients have instructed us to investigate possible legal action against DBH in respect of the publication to you [sic] information in relation to this matter and in particular the matters set out in quotation marks in your email,” he wrote.

South Australia’s picturesque Fleurieu Peninsula is where the affected residents live. Picture: Supplied

He requested The Advertiser reveal the identity of any persons communicated with, what information was shared and provide all correspondence, including emails or text messages.

He claimed this would provide his clients “context” to comment.

He would seek special orders to force the newspaper to comply.

“It is only after the statements are understood in context can our clients decide if they wish to commence legal proceedings against DBH and/or some members of that firm,” he concluded.

News Corp Australia, which publishes The Advertiser, will decline to provide any information.

DBH partner Peter Jackson, who is leading the action, rejected Mr Kelly’s assertions.

“It’s a meritless claim to distract from the real issue at hand and costing ratepayers’ money on frivolous arguments,” he said.