Lawyers investigating a class action against Wodonga Council say they will be moving quickly to determine whether the legal suit will go forward, after more than 120 people attended a town hall meeting.
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Shine Lawyers were unable to reveal the number of people who had signed up for the class action but before the meeting, Jan Saddler said she was confident the case would go ahead.
“I think it’s a fairly strong possibility that even with modest numbers we would proceed,” she said.
Before and during the meeting, Ms Saddler defended Shine Lawyers against accusations they, not ratepayers, were the ones who benefit from the class action.
“We’re here to support people who want to have an opportunity to recover this money, we are not here as just a money grab from us,” she said.
“It’s not the council’s right to take money and decide it’s for the benefit of ratepayers.
“That money should be returned to people for them to use in the way they want to use it, not how council thinks they should use it on their behalf.”
The sentiment was welcomed by Michael James, who believes the issue of the waste service levy is just the tip of the iceberg.
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“It’s not rocket science, it’s a matter of standing up for what is right,” he said.
“I’m not here for money, I’m here to get something wrong fixed or else where is it going to stop – the government had ripped us off something fierce.”
However other attendees disagreed with the proposed class action, one saying he was proud of the city and council.
Others expressed the view the amount of money on offer after lawyers and funders took commission, was not worth the effort.
Ms Saddler said under the law, clients must receive at least 50 per cent of the settlement, and she estimated each ratepayer was overcharged $150 per year.
Wodonga Ratepayers’ Association secretary Bob Cousins said even if the insurance did cover the claim, council’s premium would increase.
However, Ms Saddler said they had been contacted by many people in the city who not only wanted a refund, but ‘justice’.
“What is important for most people is that those people who are charged with responsibility under legislation for raising tax and levies and government charges do so in a way that is consistent with the legislation, if they don’t do it they should be held to account,” Ms Saddler said.
“It may not be the sentiment of the ratepayers’ association but that is the sentiment I am hearing from others.
“At the moment they don’t seem to think those laws and those rules and those obligations apply to them because next year they are going to raise the same levy again in excess of the waste cost.”
Lawyer John Suta was pleased with the turn out, saying from here they would get advice from a Queen’s Counsel and present that to the class action members.
“There were some differing views, but I think the consensus was they want to make a stand on this,” he said.
Mr Suta said they were keen to move quickly as it was obvious Wodonga Council had not learnt its lesson, citing the continuing waste management levy overcharge in the draft 2018-19 budget.
“They don’t appear to have learnt their lesson from the Ombudsman’s report – I’d invite them to read it properly rather than just placing it in the recycling bin,” he said.
Ms Saddler also questioned why the condemned overcharge was slated to occur again. “It does make you question really what the intentions are of the council, what do they want to achieve out of this,” she said.
“Do they want to continue to raise revenue in a way that’s clearly contrary to the terms of the legislation and certainly contrary to the intentions of the legislation and what do they treat the people of Wodonga as – fools?”
Ms Saddler said in her experience class action, not community negotiation, is often the only successful way to make an organisation change or repay funds.
“In 28 years of being a solicitor I don’t think I’ve ever seen anyone who is a defendant come to the table and be prepared to take action unless you actually take proceedings against them,” she said.
“It never occurs.”