December hearing date set for East West Link legal challenge
22 August 2014
Yarra and Moreland Councils will head to court in December to challenge the validity of the State Government's approval of the East West Link project.
The December 15 hearing date will come just weeks after the November state election but the timing will not deter either Council from pursuing a judicial review of the Minister’s decision to approve the first stage of the East West Link project.
Both Councils are resolute that the process followed by the Minister was deficient and that a favourable finding in the Supreme Court will invalidate any contract signed between the State Government and potential contractors, regardless of when it is signed.
Mayor of Yarra, Cr Jackie Fristacky said ‘This legal action is about the rule of law and the right to challenge governments when they fail to follow the rules on major projects.
'It is important to be clear, contract or no contract, the project cannot be built unless there is a valid approval.
'This case concerns the validity of the approval process. Whether contracts are signed or not, the works cannot proceed if the approval is invalid.’
The Mayor of Moreland, Cr Lambros Tapinos said ‘Our legal challenge, which we believe will be successful, is one thing, but perhaps even more important, is the court of public opinion at the state election.
'Let the Premier secure a mandate from the people of Victoria for his project.’
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