you’re reading...


Flynn heritage appeal to proceed

The ACT Government backed down on demands for security for costs before an ACT Supreme Court hearing today. This means there is now nothing to stop our appeal being heard in the ACT Supreme Court.

The ACT Government had applied for the Flynn to pay $40,000 as security of costs, or have the appeal dismissed. (Security of costs is like a bond – it is paid into the court, and if we lose then government could apply to get it to cover their legal fees.)

The outcome was a surprise. After some negotiations on the front step of the court, we came out with an ‘agreement’ to pay a much smaller amount as security. In return, the government said it would allow the appeal to proceed and drop their demands for $40,000. If we win, we get it all back.

The P&C committee agreed to it because (a) we had the money, (b) we might get it back, and (c) it meant the appeal would go ahead. If you were around in the school closures appeal, you will know that this puts us way ahead of anything that happened in that.

One possible implication of the agreement is that the government has demanded and accepted money from an organisation (the P&C) they said had no right to exist, let alone be a party to the appeal. The existence of the John Flynn Community Group was never under serious question.

The agreement itself is below, as emailed through from our solicitor.

By consent the following orders were made resolving the security for costs application:

1. Applicants to pay security for costs into Court within 14 days.
2. Proceedings herein to be stayed until the order preceding has been complied with.
3. Upon order 1 having been complied with:
a. The application for leave to appeal and the substantive appeal are to be heard and listed concurrently.
b. The parties have leave to approach the listing clerk for a hearing date.
c. The matter to be listed for directions before the appeal court at some time prior to the hearing date.
4. All parties to bear own costs of application (ie the application for security of costs).

Images from Flynn

Angles on the textured concrete walls


Flynn grounds

Landscape setting & grounds

Enrico Taglietti visting the school he designed

History and design

Memorial to John Flynn

Memorial to John Flynn