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Update on the office of the MAV President

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There has been some uncertainty about how a decision by the City of Whittlesea to not pay their MAV subscription by the due date may impact on the office of the MAV President, who is a City of Whittlesea councillor.

The MAV sought senior counsel advice on whether a casual vacancy in the office of the President occurs in the event of Whittlesea Council not paying its membership fees by 31 August 2018.

The Board, after careful consideration of the legal advice, resolved to accept the advice that the non-payment of membership fees by Whittlesea Council by the due date results in a casual vacancy in the office of the President from 1 September 2018.

The MAV is now a party to a Supreme Court action by Cr Geoff Lake seeking a review of the position that a casual vacancy in the office of the President is created. At an initial hearing in the Supreme Court on 30 August, Consent Orders were made that until the determination of the proceeding, the office of the President remains as is.

The matter Lake v MAV will be heard in the Supreme Court on 10 September, at which date a final determination is expected to be made. Cr Lake is a current MAV Board member, however he is acting of his own volition in this matter.

Cr Mary Lalios has absented herself from all decisions in relation to this matter.

I will keep members updated with any further developments.

Kerry Thompson
MAV CEO