Ipswich City Council asks Supreme Court to overturn show-cause notice

Ipswich City Council’s legal action in the face of a second show cause deadline is “not about declaring war” but “protecting other councils”, acting mayor Wayne Wendt says.

The council filed documents to the Supreme Court seeking to overturn the state government’s show-cause notice against its elected councillors on Tuesday evening.

Local Government Minister Stirling Hinchliffe said he was "gravely disappointed" with the council for starting proceedings on Tuesday evening, which sought orders that he does not have the jurisdiction to dismiss or suspend the council.

Local Government Minister Stirling Hinchliffe will decide Ipswich's fate as early as next week.Credit: AAP Image/ Dave Hunt

A statement released by the council on Wednesday morning outlined the move was “to protect Queensland councils in the future”.

“Council is of the view that ministerial powers must be exercised lawfully, and this move is to protect Queensland councils into the future by ensuring that, from the outset, these ministerial powers are appropriately applied,” the statement read.

Mr Hinchliffe said the proceedings were not in the best interests of the city.

"I am more determined than ever to address any governance shortcomings at Ipswich City Council, which is why I’ve issued a show-cause notice that includes a right of reply," Mr Hinchliffe said in a statement.

"Council’s delaying tactics in seeking to circumvent the legal process already under way will only create more uncertainty and confusion for the people of Ipswich.

"I will not hesitate to use any powers at my disposal, or seek new powers if necessary, to ensure Council is able to serve the Ipswich community and its best interests."

Ipswich councillor Paul Tully and Acting Mayor Wayne Wendt at a press conference on Wednesday.Credit: Amy Mitchell-Whittingdon

The move comes after Ipswich councillors were again asked to explain last week why they should not be sacked or suspended under Mr Hinchliffe’s newly expanded powers.

Local government reforms passed in May gave Mr Hinchliffe more powers to sack councillors and mayors - and dissolve entire councils - “in the public interest”.

The move to appoint an administrator at the council last month began after mayor Andrew Antoniolli was charged with seven counts of fraud.

Ipswich Residents and Ratepayers Association members chanting outside the Ipswich City Council Administration Building on Wednesday.Credit: Amy Mitchell-Whittingdon

Councillors were asked to show cause why they should not be sacked within 21 days.

Last week, Mr Hinchliffe said he had asked the council to respond to further matters in his consideration.

The councillors had until Friday, June 29, to respond to the new show-cause notice.

At a press conference in the Ipswich Civic Centre on Wednesday morning, acting Ipswich mayor Wayne Wendt said the council had been “backed into a corner”.

“Nobody wants to go through this but our hands have been forced,” he said.

“We have been very respectful and professional during this entire process and we have provided the minister with all that he has required.

“Council has adequate funds already to do this ... this is the best solution going forward.”

Members of the Ipswich Residents and Ratepayers Association were refused entry to the building and called for the press conference to be held outside.

Cr Wendt said the legal action was prompted partly by the restricted timeline given for the second show-cause notice.

“We had three weeks to provide the first one, that was a 500-page document,” he said.

“To then receive a second show-cause notice which has an extra test of public interest, which is not an easily defined test, it has made it very difficult in five or six business days to come up with this time.

“Our advice is that this second show-cause notice is as deficient as the first.

“This is not about declaring war on the state government, to the contrary, it is about seeing sense on the situation and seeking an opportunity to find the right solutions."

He said the council was still working hard to have a submission by Friday.

According to the originating application, the council was also seeking an injunction that Mr Hinchliffe be restrained from further acting on the notice given on June 20.

The application was scheduled to be heard in court on Thursday.

Ipswich’s longest-serving councillor, Paul Tully, said it was “gloves off” in respect to this matter.

“We are being punished for something we haven’t done and anyone who believes in fair play should not be sacked for the alleged actions of one of their colleagues.

“All we believe in is fair play and if that costs money then that costs money.

“If we believe the government has acted unlawfully then, of course, we are in the right to take action.”

Following the conference, IRRA members followed Cr Wendt and other councillors to the ICC Admin building and chanted "Ipswich has had enough, please resign now".

Opposition Leader Deb Frecklington said the situation was a “diabolical mess” at both a state and local government level.

“I feel sorry for the people of Ipswich, who deserve certainty about the future of their local community which has been ripped apart by Labor’s alleged corruption scandal,” she said.

“This Labor council’s priorities are all wrong. First, they turned waste into a cottage industry, yesterday they jacked up rates above inflation and now they are using ratepayers' money to fund a legal challenge.”

Cr Antoniolli stood aside and was among four mayors and one councillor automatically suspended under the local government reforms passed through Queensland Parliament.