July 15, 2026 — 6:05pm
Lawfare has partially paralysed a rural council, with five councillors caught up in bizarre private prosecutions from a disgruntled local businessman.
The highly unusual legal move prompted the regional council advocacy body to call for the state government to urgently change legislation to prevent further turmoil in the local government sector.
Hepburn Shire Council is unable to form a quorum and therefore cannot hold council meetings after businessman David Penman brought private prosecutions against five out of seven councillors. The five councillors have been forced to step down until the matter is resolved.
He used an obscure law allowing individuals to bring private prosecutions to lay criminal charges against the councillors, which he lodged in the Magistrates’ Court himself. Police have had no involvement in the matter, in which councillors are accused of misuse of position by breaching the Local Government Act.
