Prominent Sydney Law Firm Bypasses Legislated Procurement Processes and Continues to Do Business with
Port Stephens Council Despite Legal Services Contract Expiring in Mid-2022, 24.07.2023
Port Stephens Council has today issued its Notice of Determination in response to a valid request for Council records from Telina Webb of NSW Freedom of Information.
The request sought access to documents including the Legal Services Tender and Resulting Contract supporting the engagement of Sydney law firm Lindsay Taylor Lawyers for several matters concerning Ms Webb.
Ms Webb also requested access to Council’s Competitive Legal Services Tender.
Council refused access to some of the requested information on the basis that some content concerned “the existence of a client and lawyer relationship” relying on legal professional privilege as a result.
Council also additionally decided it would only partially release invoice and payment records.
However, what is most concerning is the refusal to release the tender provided by Lindsay Taylor Lawyers to Regional Procurement, the actual rates submitted by Lindsay Taylor Lawyers – Additional Services and Tender Price Schedule, and the Deed of Agreement between Regional Procurement and Lindsay Taylor Lawyers.
Despite Council conceding release of the information would inform the public and ensure the public had a full and properly informed understanding of how Council exercises its financial decisions, Council’s decision to refuse access to these records does little at all to assure the public Council is operating in any way that could pass any test of transparency and accountability.
With a Senior Council Executive having confirmed Council’s public debt of approximately $85m, and Council’s recent successful petition of the Independent Pricing & Regulatory Tribunal for a staggering >30% residential rate rise, Port Stephens Council’s publicly available current Contracts Register showing Lindsay Taylor Lawyers’ Contract expired in mid-2022 tells the public its business as usual when it comes to spending, and that a contract in accordance with established procurement protocols is irrelevant and inconsequential.
Council has also confirmed it did not undertake any Competitive Legal Services Tendering process, a process which includes in-house solicitors costing legal jobs in an effort to ensure the public is getting the best out of its scarce resources.
For the public it’s a double whammy, with no contract for external legal service providers and no assurances Council in-house legal personnel have any interests or capabilities in doing what the public are paying significant amounts of monies for them to do.
Contact:
Carlo Zoppo: (02) 9260 2526
Jennifer Chenhall: (02) 8235 9712
Tony Wickham: (02) 4988 0187
Lisa Marshall: (02) 4988 0377
Stephanie Posniak: (02) 4988 0530
The request sought access to documents including the Legal Services Tender and Resulting Contract supporting the engagement of Sydney law firm Lindsay Taylor Lawyers for several matters concerning Ms Webb.
Ms Webb also requested access to Council’s Competitive Legal Services Tender.
Council refused access to some of the requested information on the basis that some content concerned “the existence of a client and lawyer relationship” relying on legal professional privilege as a result.
Council also additionally decided it would only partially release invoice and payment records.
However, what is most concerning is the refusal to release the tender provided by Lindsay Taylor Lawyers to Regional Procurement, the actual rates submitted by Lindsay Taylor Lawyers – Additional Services and Tender Price Schedule, and the Deed of Agreement between Regional Procurement and Lindsay Taylor Lawyers.
Despite Council conceding release of the information would inform the public and ensure the public had a full and properly informed understanding of how Council exercises its financial decisions, Council’s decision to refuse access to these records does little at all to assure the public Council is operating in any way that could pass any test of transparency and accountability.
With a Senior Council Executive having confirmed Council’s public debt of approximately $85m, and Council’s recent successful petition of the Independent Pricing & Regulatory Tribunal for a staggering >30% residential rate rise, Port Stephens Council’s publicly available current Contracts Register showing Lindsay Taylor Lawyers’ Contract expired in mid-2022 tells the public its business as usual when it comes to spending, and that a contract in accordance with established procurement protocols is irrelevant and inconsequential.
Council has also confirmed it did not undertake any Competitive Legal Services Tendering process, a process which includes in-house solicitors costing legal jobs in an effort to ensure the public is getting the best out of its scarce resources.
For the public it’s a double whammy, with no contract for external legal service providers and no assurances Council in-house legal personnel have any interests or capabilities in doing what the public are paying significant amounts of monies for them to do.
Contact:
Carlo Zoppo: (02) 9260 2526
Jennifer Chenhall: (02) 8235 9712
Tony Wickham: (02) 4988 0187
Lisa Marshall: (02) 4988 0377
Stephanie Posniak: (02) 4988 0530