Judgement delivered in favour of the plaintiffs
On 13 September 2021, his Honour Justice Bradley delivered his judgment in the hearing of the class action against the Redland City Council (the Council) in favour of the plaintiffs.
This judgment relates to all the registered owners of rateable land, including building units, in the Redland City local government area who paid the:
- Raby Bay Tidal Works (Community Title Scheme) Special Charge;
- Raby Bay Tidal Works (Non Community Title Scheme) Special Charge;
- Raby Bay Marina Special Charge;
- Aquatic Paradise Marina Special Charge;
- Aquatic Paradise Special Charge; or
- Sovereign Waters Lake Special Charge
Levied by the Redland City Council between 28 June 2011 and July 2016 (the Special Charges).
The judgment does not relate to any person who opted out of the proceedings.
In his judgment, his Honour found that:
- the resolutions to charge the Special Charges were all non-compliant with the Local Government Regulations and as such were invalid;
- the rates notices issued by the Council levying the Special Charges included special charges that were levied on land and unites to which those special charges did not apply; and
- the Council is obliged to return the Special Charges it received to the persons who paid them, and to do so as soon as practicable.
The Council now have 28 days to appeal his Honour’s decision. An appeal may be made on the basis that his Honour failed to properly interpret the law or otherwise failed to consider the correct law.
About the Redland Ratepayer Class Action
Redland City Council (RCC) advised in March 2017 that the canal maintenance levy it imposed on ratepayers in Redland was potentially contrary to the requirements of the Local Government Act.
While the Council has refunded part of the moneys raised, Shine Lawyers have commenced proceedings on behalf of ratepayers to recover the remaining amount. Shine Lawyers consider that the RCC is liable to ratepayers for the balance of moneys raised.
The proceedings are being funded by Augusta Ventures Limited.
How to register for the Redland Ratepayer Class Action
To be eligible to join the class action, you must have lived in the Redland local government area and been subject to a special levy in relation to canal/waterways maintenance including marina special charges in the period from 2011 to 2017.
If you believe you are eligible to participate in this class action register now and we will investigate a claim on your behalf.
Please note that the eligibility criteria for the class action may be amended as proceedings progress. We'll keep you informed if anything changes.
- Further Amended Claim and Statement of Claim
- First Further Amended Defence and First Further Amended Counterclaim
- Amended Reply and Answer
- Rejoinder to Answer Replay and Answer
- Judgment of Justice Bradley delivered 13 September 2021
Who is Shine Lawyers' Class Action team?
Shine Lawyers' Class Action team includes some of the firm’s most experienced partners, associates, solicitors and support staff, including researchers, law clerks and paralegals. The team handling the Redland Ratepayers Class Action includes: