Council considers legal action over scrapped referendum

LISMORE City Council will consider whether legal action is necessary to recover money put towards the government referendum which was later scrapped due to the Federal Election date being pushed forward in September.

Councillor Gianpiero Battista said it was "unfair" council has not yet been refunded money paid to the Local Government Association of NSW to fund the referendum which would have considered whether local governments should be recognised in the Constitution.

His notice of motion - which will be debated by councillors on Tuesday - proposes council write to the Local Government Association requesting to be refunded $15,419.06 which was paid in two instalments.

Cr Battista said the former Local Government Association and the Shires Association of NSW advised council in December 2012 "instalments paid" would be refunded if "for any reason" the referendum did not go ahead.

However, council were then advised in September 2013 that NSW councils would only receive a full refund of the second instalment paid and a "partial refund of instalment one".

Cr Battista said if writing to the Local Government Association was unsuccessful, council should "pursue all avenues including legal action" to recover the full amount.

"I think we should pursue any action including legal action as an issue of principle," Cr Battista said



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