Council’s last-minute attempts to pull Cairns Post story thwarted by lawyers

Lawyers for Cairns Regional Council issued an unprecedented “urgent demand” for the Cairns Post to not publish an article in relation to a meeting to appoint the interim CEO.

Cairns Mayor Amy Eden chairs her first council ordinary meeting at the council chambers. Picture: Brendan Radke

Lawyers for Cairns Regional Council issued an unprecedented “urgent demand” for the Cairns Post to not publish “confidential information” after this paper approached the council for comment about its story revealing former council CEO John Andrejic was the top pick for the role of interim CEO.

The letter, which did not identify what it was the council said was confidential, included a threat to seek an urgent injunction if the Cairns Post failed to give an undertaking not to publish.

The Cairns Post, through its lawyers, told the council it would not be agreeing to the organisation’s demands and published the story the paper had planned online Tuesday night, and on Wednesday’s front page.

Cairns Mayor Amy Eden chairs her first council ordinary meeting at the council chambers. Picture: Brendan Radke

Ms Eden on Wednesday defended council’s decision to issue a non-publication “demand” to the Cairns Post in relation to its story previewing her “professional associate” John Andrejic’s appointment as CEO.

The “urgent” letter from McCullough Robertson Lawyers on behalf of council was sent to this masthead an hour and a half before deadline on Tuesday evening.

The letter claimed that the paper intended to publish “confidential and legally privileged information” ahead of Wednesday’s special meeting to name its top boss and would “cause detriment” to the council.

“Our client hereby demands that the Cairns Post undertake not to publish any story or article that in any way refers to the contents of the Confidential Information,” the letter said.

“Should the Cairns Post fail to provide the requested undertaking, our client reserves the right to obtain urgent interlocutory relief in the Supreme Court of Queensland.”

Cairns Regional Council councillors Brett Olds, Rhonda Coghlan, Max O'Halloran, Kristy Vallely (obscured), Amy Eden and Cathy Zeiger at the ordinary council meeting to vote for a new Cairns mayor after Bob Manning stood down from the position. Picture: Samuel Davis

In its response, the News Corp Australia Editorial Legal Office said the council had failed to outline what confidential information the Cairns Post had.

There was no further response from the council’s lawyers.

Ms Eden said the council had a duty to its applicants and staff to ensure that sensitive information was kept from the public.

“Cairns Regional Council upholds itself as a great employer and we follow the legislation,” she said.

“So ensuring our candidate care and maintaining privacy which is part of the Privacy Act and Local Government Act.

“We need to uphold that and that’s why we sent the issue.”

Ms Eden also defended the appointment of Mr Andrejic, who previously served as CEO from 2016 to 2021.

“John Andrejic is a professional associate of mine who was an unpaid volunteer for my (mayoral) campaign,” she said.

“It just so happens that he’s the new interim CEO.”

Ms Eden said she was unaware how much ratepayers would cough up for council’s legal fees.

“I have no oversight on that at this time,” she said.

Council refused to provide a statement disclosing the information.

Originally published as Council’s last-minute attempts to pull Cairns Post story thwarted by lawyers