Property developer John Woodman has won a Supreme Court fight over the tabling of a draft IBAC report into alleged corruption in City of Casey planning matters.
Mr Woodman was publicly examined in November 2019 as part of IBAC Operation Sandon hearings into Casey councillors, ALP politicians and Mr Woodman and his business associates.
The court resolution paves the way for the long-awaited tabling of the Sandon report in State Parliament, which is now expected to happen in 2023.
Mr Woodman successfully argued at court that IBAC denied him procedural fairness and a reasonable opportunity to respond to the report’s “adverse” content.
IBAC provided Mr Woodman the draft report in two volumes in December 2021 and January 2022, in order for him to respond.
Mr Woodman argued for access to more than 400 redacted footnotes, many of which referred to “adverse material” against him, he submitted.
“In short, if publication to Parliament need not be done, and it cannot be done fairly, it cannot be done.”
In response, IBAC submitted “there has been no denial of procedural fairness … or unreasonableness”.
Mr Woodman’s argument about footnotes was a “distraction and devoid of substance”, IBAC submitted.
“IBAC’s adverse comments and opinions, and the basis for those comments and opinions, are fully set out in the body of the draft report.
“The footnotes that Mr Woodman has not seen will not be included in the final report.”
In his decision, Justice Timothy Ginnane ordered that IBAC provide Mr Woodman some, but not all, of the footnotes.
“I find that IBAC has not complied with the requirements of … procedural fairness.”
Justice Ginnane stated IBAC had no power to publish the report before giving Mr Woodman “reasonable opportunity” to respond to the footnotes and documents.
The court’s decision was handed down confidentially to the parties on 10 November. It was released publicly on 20 December.
