Victor Kline in legal challenge against Willoughby Council over election poster fines

A candidate at this year’s federal election is locked in a legal fight with a Sydney council after being fined over two election posters displayed on traffic signs on the lower north shore.

A prominent barrister who ran as a candidate at this year’s federal election is locked in a legal fight against a local council after being fined over two election posters being displayed on traffic signs on the lower north shore.

Victor Kline – who ran as a New Liberals candidate in the North Sydney electorate – said he had been left in shock after receiving penalty notices totalling $6000 from Willoughby Council for allegedly carrying out ‘development without development consent’ under the Environmental Planning and Assessment Act.

The penalty notices were issued over two election posters attached to the metal base of speed signs on the Pacific Hwy and Chandos St in St Leonards on May 10 and May 20.

Mr Kline said campaign volunteers used cable ties to attach the posters but removed the poster on Chandos St after graffiti was sprayed on in it by unknown members of the public.

Willoughby Council has argued both posters posed a potential risk to motorists and pedestrians and breached strict election rules, stipulating material such as election corflutes must not be displayed on public infrastructure.

A photo of the election poster on Chandos St.

Victor Kline ran as a candidate at the May election.

The case is now being heard in the NSW Local Court after Mr Kline launched a challenge against the fines.

Mr Kline – who was admitted to the NSW Bar Association in the 1970s and works as a barrister – said the grounds of his defence could include challenging the charge of ‘development without development consent’ which commonly applies to the offences within the development and construction sector and can carry a penalty of up to $110,000.

Victor Kline’s campaign also included a prominent election truck.

He said he could also rely on the constitutional argument of ‘implied constitutional guarantee of political communication’ which is held by the High Court as an implied freedom of political communication and can override local council regulations.

“The situation I’m in is that running a constitutional argument will take up a lot of time and could end up in the High Court,” he said.

“I do a lot of pro-bono work for asylum seekers and I’m also the editor of the Federal Court Reports and Federal Law Reports and if that were to happen, it would mean my clients would suffer.

“But if I don’t defend it and a conviction is recorded, I’m concerned it could have an impact on my career and my position in the NSW Bar Association.

“For an election poster you’d expect to be charged with littering but if I have on my record a conviction of development without development consent then every year when I renew my practising certificate I’m going to have to explain it.”

A photo of Victor Kline on the campaign trail.

“If I’d simply paid the penalty notice I still would have had a criminal conviction that I committed an unlawful development. I had no choice but to challenge it.”

Mr Kline is expected to enter his plea when the matter – which was first heard in the NSW Local Court this week – returns to court in October.

Willoughby Council in a statement said rangers issued a verbal and written warning to Mr Kline advising him not to display election posters on public infrastructure before the penalty notices were issued.

“The unauthorised display of election signage persisted, despite multiple warnings from ouncil. Accordingly, council issued two penalty infringement notices of $3000 each for two, separate offences,” a spokesman said.

Barrister Victor Kline (right) was admitted to the bar in the 1970s.

“The maximum penalty of $110,000 only applies to people who elect to challenge the notice in court. Mr Kline chose to take this course of action.

“In the lead-up to the federal election campaign, the council made it clear that electoral material including election signs must not be placed on display on a public place such as a public road, including a public footpath, power pole and other public infrastructure.

“This position was taken by the council because of the potential risk to motorists and pedestrians who may be distracted or impacted by the display of signage on a public road.”

Mr Kline ran a high-profile campaign in the north shore electorate which was estimated to cost $46,000 and included deploying a campaign truck in key locations across the region.

Mr Kline was unsuccessful in the election campaign, securing just 0.9 per cent of first preference votes.