Represented by law firm Lindsay Taylor Lawyers’ Ms Megan Hawley, Council’s letter of 16th May 2024 was marked “Confidential” and subject titled “Cease and Desist – Posts on NSW Freedom of Information Website”, delivered directly to the nominated email address for Site Administrator Telina Webb.

For all effects and purposes the letter seemed genuine enough at first glance, albeit lacking clear reference to any legislation relied upon.

Council and Lindsay Taylor’s knows Ms Webb is not legally qualified and always self-represents.  Both parties are aware of the regular attempts by Council and Taylor’s to take legal advantage including engaging barristers against her in numerous proceedings.  All this at the public’s expense.

Ms Webb sees this as blatant wasting of the public purse and deliberate attempts to bully and intimidate her and sees this as definitive patterns of behaviour which easily constitute gross professional misconduct and breaching of mandatory Codes of Conduct; in-house solicitors Lisa Helene Marshall, Stephanie Eileen Posniak and Holly Jane Jamadar being fully qualified to do the job directly negating external legal services, with the Governance Manager himself Tony Wickham on the record also representing Council.

The letter stated  “We are solicitors for Port Stephens Council,” not considered to be big news to Ms Webb.

Lindsay Taylor Lawyers and Council have enjoyed a solid relationship since March 2018 when Carlo Zoppo (former partner) was allocated the case of open access information prevented from mandated release on a false premise Ms Webb and her husband presented a serious risk to public safety.

Of course, that case now has historical infamy with the disclosure of sordid documents showing Council’s Corporate Policeman Tony Leslie Wickham collaborating with a member of the public behind Council walls to not only initiate and suggest the claim, but to implement it, reiterating the fabrication by confidential statement to the NSW judiciary for Council's covert advantage.  Difficult to comprehend let alone accept as reality.

Although the letter stated Council was the client, the content made repeated reference to Council’s Tony Wickham and Lisa Marshall, a duo well-known for their joint misconduct and / or unlawful conduct in the exercise of their statutory functions in the public service.  Indeed this Site is nothing short of a collection of such revelations.

The letter demanded removal of a number of articles, including a submission to iPART in relation to Council’s intended >30% Rate Rise hike.

Apparently these two have concerns members of the public reading certain publications might think less of them………...

Although the letter refers to defamation, it does not state it represents a Concerns Notice, and there was no Statement of Claim attached in accordance with the Defamation Act 2005.

Any reasonable person would have perceived the letter as credible, relevant, and in full accordance with the legislation.

It was none of those.

All-in-all the letter was completely defective and in breach of a number of clauses of the Defamation Act 2005, a very poor example of publicly-funded qualified legal skill and knowledge.

The letter also falsely asserted the contact details of Mr Wickham and Ms Marshall to be personal in nature and that on that basis should not be public information.

Both Council employees and Ms Hawley are expected to be fluent in the current freedom of information legislation, the GIPA Act 2009, which clearly states under Schedule 4, 4, 3(b) contact details which do nothing more than confirm a person’s name, title, position, and employer, is disqualified from being classified as personal in nature.  This means it is public information.

There is so much wrong with this matter and the way it has been conducted thus far.

It is also concerning the letter states “We are solicitors for Port Stephens Council”, when Councils are disqualified from bringing any cause of defamation.

“Seriously?!," exclaimed Ms Webb.  "They’re concerned people will think less of them?  That is just not possible!  And surely these well-paid government employees have thicker skin than that!  They deal with the public, process complaints, and are accountable for any questionable conduct or the manner in which they exercise statutory functions as a public service.  I am unable to envisage either of these two crying into their pillow over public commentary.

Unfortunately what has become evident with this letter today is, these government employees want all the privilege and power to make decisions which often frustrate the public and obstruct fundamental legislated rights, they bully and threaten the public like a mafia, but if anyone dares to question that or call them to account there is a target on their back.

In my case alone, this Council, this Governance Manager, wrote a letter falsley informing the Information & Privacy Commissioner apprehended violence orders were issued against my husband and I.  That letter remains decidedly false, misleading and slanderous. I'm sorry, I just can't compete with that level of devience!  This guy, Tony Wickham, signed it himself and it's on his email header with his name and title.  It is completely irrelevant to me how many times he says it's not true or he didn't do it."

They claim they’ve done nothing wrong, that it’s all lies, however what they fail to realise is everything said or written about these individuals is based on Council records,” stated Ms Webb.
By 30th May 2024 after ensuing correspondence with Ms Hawley confirming the matter did concern the Defamation Act 2005, Ms Webb forwarded her response, a request for further and better particulars.

Today Ms Hawley advised Council would not be responding.

“Clearly this is a quick and easy way to attempt to bully and intimidate the public to silence, to threaten, at relatively low cost to the public purse.  It’s just sport for these individuals, just sport without rules,” stated Ms Webb.
Contact:	
Tony WickhamE:  tony.wickham@portstephens.nsw.gov.au
Lisa MarshallE:  lisa.marshall@portstephens.nsw.gov.au
Megan HawleyE:  megan.hawley@lindsaytaylorlawyers.com.au