An unrepresented party to appeal panel proceedings in NCAT today witnessed the deliberate unlawful conduct by a registered NSW solicitor in a judicial premises in Sydney.

The proceedings concerned an appeal of (6) six separate access to information applications, all of which are categorised as open access information mandated for release free of charge; development application (DA) records including Council internal policy and procedure documentation.

However, the agency Port Stephens Council had been continuously redacting and withholding the requested information using clauses of the legislation including protection of personal information and legal professional privilege.

The classification of DA information as open access mandated for release is intended to prevent corruption of the development application process, such as property developers gaining favourable decisions from Councils, or Council associates having undue influence in planning approval processes.

The unlawful conduct was noticed today during the morning tea break of the Appeal Panel, when the unrepresented Appellant Telina Webb and her husband remained in the Tribunal hearing room.  The Respondent Council vacated the room; the entourage including Governance Manager / Corporate Policeman Tony Leslie Wickham, Council’s senior in-house solicitor Lisa Helene Marshall, and external solicitor Carlo Zoppo of Lindsay Taylor Lawyers.

Once they had left the room and Webb and her husband Paul McEwan started talking in private, Mr McEwan pointed out Lisa Marshall had left her laptop on the seat beside them, which was still running with its lid partially opened.  It was clearly running as the sound of its operation was audible and its screen was displayed.
Webb and McEwan continued their conversation despite the laptop running.
They did not suspect however that they were actually being recorded.
On return to the hearing Lisa Marshall reclaimed her laptop.
After the lunch break, the external solicitor Carlo Zoppo held up a USB device in his right hand and stated “I have a recording!”
Mr Zoppo’s intention was that the Appeal Panel listen to the recording of the private conversation between Webb and McEwan and take it into evidence for reasons unknown, despite the late stage of the proceedings.
The Appeal Panel rightfully refused.
This offer of new information in the form of a recording supports Mr McEwan’s initial suspicion Port Stephens Council’s in-house solicitor Lisa Marshall did make an illegal recording of a private conversation in an NCAT hearing room in breach of the Court Security Act 2005, on equipment provided by Council at the expense of Port Stephens Shire rate payers.
It is this kind of conduct by a NSW registered solicitor, officer of the court, and executive of a local government entity, which completely discredits any assertion by public servants they are acting with integrity and propriety in the exercise of statutory functions.
Telina Webb intends to obtain a recording of the hearing.

Contact:

Lisa Marshall:  lisa.marshall@portstephens.nsw.gov.au

Tony Wickham:  Tony.wickham@portstephens.nsw.gov.au

Carlo Zoppo:  www.lindsaytaylorlawyers.com.au