We don’t know costs – council

By Shaun Inguanzo
GREATER Dandenong council says it doesn’t know how much money the city will lose if it is unsuccessful at a Federal Court appeal over trade marking the Dandenong Town Hall.
But Star can reveal that a single document – the Notice of Appeal to the Federal Court – carried an application fee of $1762.
The council is remaining tight lipped over how much its legal bill stands at since first hiring law firm Maddocks to battle the Dandenong Mechanics Institute in May 2005.
The council was opposed to the Mechanics Institute’s attempt to trade mark a black and white image of the Dandenong Town Hall on the basis it could confuse or deceive the public.
After a lengthy procedure, IP Australia, the intellectual property watchdog, ruled in favour of the Mechanics Institute last month, prompting the council to appeal the decision in the Federal Court.
Maddocks then filed a Form 58A to appeal the IP Australia decision – a form for which the Federal Court charges a $1762 fee.
Last week community services director June Dugina responded to questions from Star over the battle – but her written response ignored questions about costs.
After further questioning this week, Ms Dugina again refused to reveal the costs, but addressed the matter.
“We do not have the full costs incurred to date therefore we could not give a comprehensive figure at this time,” she said.
“Council could face ongoing costs if this matter is advanced.”
Ms Dugina said the council would press ahead with the Federal Court action.
“The Town Hall itself and all of the intellectual property associated with it is a valuable community asset and the council has been keen to ensure community interests are protected,” she said.
“Dandenong Town Hall, the imagery associated and the use of the Town Hall continue to be regarded as fundamental aspects of local community ownership.”
If the council successfully appeals the IP Australia decision, it will seek to claim costs against Mechanics Institute president and Noble Park resident Andrew Russell.
If it loses, ratepayers dollars will be used to pick up the legal bill.