Barrak v City of Parramatta Council

The appeal concerned a dispute between a councillor, Mr Barrak, and the City of Parramatta Council. Mr Barrak had described the Mayor as a "clown" during a council meeting, which led to the Council passing a resolution to expel him from subsequent meetings. Mr Barrak challenged the validity of this expulsion. The matter came before the Land and Environment Court and subsequently the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether Mr Barrak's conduct constituted an "act of disorder" within the meaning of clause 256 of the Local Government (General) Regulation 2005, whether the Council's power of expulsion was validly exercised in response to this conduct, and whether the Land and Environment Court was the appropriate forum to adjudicate the dispute.

The Court of Appeal found that while describing the Mayor as a "clown" could be considered an act of disorder, the Council's subsequent resolutions and expulsion of Mr Barrak were not entirely valid. The Court clarified that the Council was entitled to require an apology and the return of documents, and to expel Mr Barrak from meetings for failing to comply with these requirements. However, the Council was not otherwise entitled to expel him from meetings. The Court allowed the appeal in part, setting aside the orders of the Land and Environment Court and making declarations regarding the Council's entitlements and the validity of the expulsion. Each party was ordered to bear their own costs.