Port Stephens Council Issues Sworn Affidavit Revealing Legal Expenditure in Excess of $600,000.00 of Public Monies Against
Self-Represented Opponents, Defending Un-winnable Decisions Mostly Concerning Open Access Information Mandated for Release
and Threatening Incompetent Legal Action for Claimed Defamation, 12.12.12.2024
It reads more like a dossier than a Sworn Affidavit, but the deponent Tony Leslie Wickham has signed off it’s all true.
Wickham has included it in a 3-party Application for a Restraint Order under the GIPA Act 2009 Section 110.
The three applicants are:• Dept of Communities & Justice• Port Stephens Council• Goulburn-Mulwaree Shire Council.
These agencies have colluded and breached the privacy of the three respondents:• Telina Webb• Paul McEwan• DraftCom Pty Ltd
The witness to Wickham’s stellar testimony is Dr Justin Cahill of Dept of Communities & Justice.
Cahill is representing all three Applicants.
Wickham’s Affidavit is a running sheet of the public’s exercising beneficial legislation and following formal policy and procedure; almost every move the Respondents have made is all there.
Every time the Respondents have acted in accordance with legislation, policy and procedure, all written by government employees and fleets of solicitors angry they’re being rightfully used to the letter of the law. Tony Wickham is likely a teensy bit more angry than most. The Respondents have also kept a dossier on his activities, and they’ve chosen to report and publicise it.
Tony Wickham says Port Stephens Council has spent in excess of $600,000.00 of rate payers monies responding to legislated avenues of review, and reports about breaching policy and procedure, all emanating from these Respondents.
These pesky public endeavouring to exercise legal rights and democratic protocols are driving him to distraction and now he’s joined a mini cartel to finally deal with them and teach them the lesson they deserve.
Tony Wickham is angry the public is exercising legal rights and using established pathways for redress of agency misconduct and corrupt conduct.
It all started with Wickham in 2011 when he commenced refusing the public access to open access information mandated for release on the false premise those seeking access posed some kind of risk of harm to the authors of the documents.
One person claiming a risk of harm had already disclosed she suffered dementia. Another jumped on the bandwagon, hiding, demanding protection “I’ll have what she’s having!” Later another would be informed by Wickham himself, to use the ‘cause harm’ clause of the legislation, and if a legislated review of his decision to withhold the information was activated, he that is Tony Wickham, would respond. Imagine that! Tony Wickham stated “if the Commissioner makes any inquiries Council will respond.” How lovely. We could all use a public servant friend like that. Only problem, the Commissioner DID come calling and Tony Wickham had to act on his promise, seeing him write a false and misleading letter to an Investigating Officer of the Commissioner’s Office, claiming apprehended violence orders had been issued and police had already been called, and that information had been withheld because Webb and McEwan presented a serious risk to public safety. Heaven forbid if these documents are released! And the only thing standing between Webb and McEwan and the authors of mandatory release information is WICKHAM. Not police. Not the courts. Not the sheriff's. Wickham. Of course all that was behind Council’s closed doors with Wickham keeping tight control over everything; at least at that stage. He was very confident his false letter would be protected and never released.
Cue Telina Webb and Paul McEwan who smelled a big, fat rat with their Development Application for a paltry privacy screen. Council has initially made clear it had no interest in the project, but when the senior citizen suffering dementia claimed her neighbour was going to kill her, well everything turned to a Crock of Crusty Council Custard.
So Webb and McEwan started asking for information. Legally. Politely. Professionally. Following legislation, policy and procedure. They had no idea what Wickham was up to.
Now over a decade later all that has been well and truly exposed for what it was; corruption.
So today’s Affidavit from Wickham was no surprise. He’d made a promise and it was costing the locals a bomb! That’s the real reason the bill was over a half-million bucks.
Yes, he had engaged external legal service providers. It seems in-house solicitor Lisa Marshall lacks competence, running away from the NCAT in March 2018 when she could not meet opposing legal arguments with any level of quality or credibility. And Wickham allowed her to step aside.
And this is where the costs started racking up.
Yes, there are lots of cases listed in Wickham’s Affidavit, but they don’t really tell the full unsavoury story.
Yes, there are lots of complaints listed in Wickham’s Affidavit, but also don’t tell the full story.
Case in Point, McEwan’s complaint to the Commissioner of February 2015 Wickham had unlawfully refused to accept a valid Access Application from him.
And no, Wickham’s false and misleading letter to the Commissioner of March 2015 falsely informing her officer AVO’s had been issued, police had been called to the neighbourhood, and that information had been withheld because Webb and McEwan presented a serious risk to public safety, was also mysteriously absent.
Solicitors engaged include:Tony Pickup - Local Government LegalCarlo Zoppo - Lindsay Taylor LawyersMatthew Harker - Greenway Chambers, formerly Lindsay Taylor LawyersBrenda Tronson - Level 22 ChambersMatthew Cobb-Clark - Level 22 ChambersStephen Ryan - Evatt Chambers
Fancy spending monies on barristers against unrepresented opponents in the NCAT?! It’s not the Supreme Court or higher. NCAT is the lowest on the judicial ladder. Wickham also spent public money having a valid media release removed from various media outlets and the internet. And he spent public money on a solicitor to threaten defamation proceedings because he didn’t like the public speaking about what he and Marshall get up to in their roles as public servants. How embarrassing. And all the while Council’s Lisa Marshall comes along to the hearings, sits in the gallery, showing she’s just not capable of conducting the most fundamental of legal cases in her paid capacity as a government solicitor; she’s paid as a solicitor not a clerk. Wickham doesn’t always show up, depends if he’s been summonsed or not; he definitely doesn’t show up on those summonsed occasions.How embarrassing. Over $600,000.00; to cover up Wickham’s ongoing corrupt conduct which has extended over a decade; the evidenced uncovered corrupt conduct anyway. Numerous Applications for Administrative Restraint Orders - FAILEDObstruction of Access to Open Access Information Mandated for Release – FAILEDThreats of legal action for claimed defamation - FAILED “A document like this, a Sworn Affidavit, carefully crafted to omit incriminating Council information for the purpose and intention of painting a specific narrative that bends what has actually transpired. But not telling the truth of WHY it has transpired; this is a very important public document. Over time I will continue to revisit it and carve it up for what it really is; manipulative and calculated. And from an agency Corporate Policeman too. Shame on you Tony Leslie Wickham! Shame! Shame! And Shame on all those solicitors and barristers who profited from that manipulation! Shame! Shame! Each one brings their own measure of disgrace on the legal fraternity,” stated Webb.
“Over $600,000.00 of scarce public monies on pure self-indulgence, and Port Stephens Council has the gall to seek a <30% Rate Rise………. Well done! The public must keep looking under those bureaucratic bed covers.”
Wickham’s ‘Sworn Affidavit’ is available here. Wickham’s false and misleading letter to the Information Commissioner, provided by solicitor Carlo Zoppo further to a crisis of conscience, is here.
Contact: Tony Wickham, tony.wickham@portstephens.nsw.gov.auLisa Marshall, lisa.marshall@portstephens.nsw.gov.auTony Pickup, admin@pickuplegal.com.auCarlo Zoppo, carlo.zoppo@sparke.com.auMatthew Harker, matt.harker@greenway.com.auBrenda Tronson, b.tronson@level22.com.auMatthew Cobb-Clark, mcobbclark@level22.com.auStephen Ryan, stephenryan@evattchambers.com Commentary on this article is invited via the form below.
The three applicants are:• Dept of Communities & Justice• Port Stephens Council• Goulburn-Mulwaree Shire Council.
These agencies have colluded and breached the privacy of the three respondents:• Telina Webb• Paul McEwan• DraftCom Pty Ltd
The witness to Wickham’s stellar testimony is Dr Justin Cahill of Dept of Communities & Justice.
Cahill is representing all three Applicants.
Wickham’s Affidavit is a running sheet of the public’s exercising beneficial legislation and following formal policy and procedure; almost every move the Respondents have made is all there.
Every time the Respondents have acted in accordance with legislation, policy and procedure, all written by government employees and fleets of solicitors angry they’re being rightfully used to the letter of the law. Tony Wickham is likely a teensy bit more angry than most. The Respondents have also kept a dossier on his activities, and they’ve chosen to report and publicise it.
Tony Wickham says Port Stephens Council has spent in excess of $600,000.00 of rate payers monies responding to legislated avenues of review, and reports about breaching policy and procedure, all emanating from these Respondents.
These pesky public endeavouring to exercise legal rights and democratic protocols are driving him to distraction and now he’s joined a mini cartel to finally deal with them and teach them the lesson they deserve.
Tony Wickham is angry the public is exercising legal rights and using established pathways for redress of agency misconduct and corrupt conduct.
It all started with Wickham in 2011 when he commenced refusing the public access to open access information mandated for release on the false premise those seeking access posed some kind of risk of harm to the authors of the documents.
One person claiming a risk of harm had already disclosed she suffered dementia. Another jumped on the bandwagon, hiding, demanding protection “I’ll have what she’s having!” Later another would be informed by Wickham himself, to use the ‘cause harm’ clause of the legislation, and if a legislated review of his decision to withhold the information was activated, he that is Tony Wickham, would respond. Imagine that! Tony Wickham stated “if the Commissioner makes any inquiries Council will respond.” How lovely. We could all use a public servant friend like that. Only problem, the Commissioner DID come calling and Tony Wickham had to act on his promise, seeing him write a false and misleading letter to an Investigating Officer of the Commissioner’s Office, claiming apprehended violence orders had been issued and police had already been called, and that information had been withheld because Webb and McEwan presented a serious risk to public safety. Heaven forbid if these documents are released! And the only thing standing between Webb and McEwan and the authors of mandatory release information is WICKHAM. Not police. Not the courts. Not the sheriff's. Wickham. Of course all that was behind Council’s closed doors with Wickham keeping tight control over everything; at least at that stage. He was very confident his false letter would be protected and never released.
Cue Telina Webb and Paul McEwan who smelled a big, fat rat with their Development Application for a paltry privacy screen. Council has initially made clear it had no interest in the project, but when the senior citizen suffering dementia claimed her neighbour was going to kill her, well everything turned to a Crock of Crusty Council Custard.
So Webb and McEwan started asking for information. Legally. Politely. Professionally. Following legislation, policy and procedure. They had no idea what Wickham was up to.
Now over a decade later all that has been well and truly exposed for what it was; corruption.
So today’s Affidavit from Wickham was no surprise. He’d made a promise and it was costing the locals a bomb! That’s the real reason the bill was over a half-million bucks.
Yes, he had engaged external legal service providers. It seems in-house solicitor Lisa Marshall lacks competence, running away from the NCAT in March 2018 when she could not meet opposing legal arguments with any level of quality or credibility. And Wickham allowed her to step aside.
And this is where the costs started racking up.
Yes, there are lots of cases listed in Wickham’s Affidavit, but they don’t really tell the full unsavoury story.
Yes, there are lots of complaints listed in Wickham’s Affidavit, but also don’t tell the full story.
Case in Point, McEwan’s complaint to the Commissioner of February 2015 Wickham had unlawfully refused to accept a valid Access Application from him.
And no, Wickham’s false and misleading letter to the Commissioner of March 2015 falsely informing her officer AVO’s had been issued, police had been called to the neighbourhood, and that information had been withheld because Webb and McEwan presented a serious risk to public safety, was also mysteriously absent.
Solicitors engaged include:Tony Pickup - Local Government LegalCarlo Zoppo - Lindsay Taylor LawyersMatthew Harker - Greenway Chambers, formerly Lindsay Taylor LawyersBrenda Tronson - Level 22 ChambersMatthew Cobb-Clark - Level 22 ChambersStephen Ryan - Evatt Chambers
Fancy spending monies on barristers against unrepresented opponents in the NCAT?! It’s not the Supreme Court or higher. NCAT is the lowest on the judicial ladder. Wickham also spent public money having a valid media release removed from various media outlets and the internet. And he spent public money on a solicitor to threaten defamation proceedings because he didn’t like the public speaking about what he and Marshall get up to in their roles as public servants. How embarrassing. And all the while Council’s Lisa Marshall comes along to the hearings, sits in the gallery, showing she’s just not capable of conducting the most fundamental of legal cases in her paid capacity as a government solicitor; she’s paid as a solicitor not a clerk. Wickham doesn’t always show up, depends if he’s been summonsed or not; he definitely doesn’t show up on those summonsed occasions.How embarrassing. Over $600,000.00; to cover up Wickham’s ongoing corrupt conduct which has extended over a decade; the evidenced uncovered corrupt conduct anyway. Numerous Applications for Administrative Restraint Orders - FAILEDObstruction of Access to Open Access Information Mandated for Release – FAILEDThreats of legal action for claimed defamation - FAILED “A document like this, a Sworn Affidavit, carefully crafted to omit incriminating Council information for the purpose and intention of painting a specific narrative that bends what has actually transpired. But not telling the truth of WHY it has transpired; this is a very important public document. Over time I will continue to revisit it and carve it up for what it really is; manipulative and calculated. And from an agency Corporate Policeman too. Shame on you Tony Leslie Wickham! Shame! Shame! And Shame on all those solicitors and barristers who profited from that manipulation! Shame! Shame! Each one brings their own measure of disgrace on the legal fraternity,” stated Webb.
“Over $600,000.00 of scarce public monies on pure self-indulgence, and Port Stephens Council has the gall to seek a <30% Rate Rise………. Well done! The public must keep looking under those bureaucratic bed covers.”
Wickham’s ‘Sworn Affidavit’ is available here. Wickham’s false and misleading letter to the Information Commissioner, provided by solicitor Carlo Zoppo further to a crisis of conscience, is here.
Contact: Tony Wickham, tony.wickham@portstephens.nsw.gov.auLisa Marshall, lisa.marshall@portstephens.nsw.gov.auTony Pickup, admin@pickuplegal.com.auCarlo Zoppo, carlo.zoppo@sparke.com.auMatthew Harker, matt.harker@greenway.com.auBrenda Tronson, b.tronson@level22.com.auMatthew Cobb-Clark, mcobbclark@level22.com.auStephen Ryan, stephenryan@evattchambers.com Commentary on this article is invited via the form below.