Developer John Woodman leaves an IBAC hearing in 2019.

Developer John Woodman leaves an IBAC hearing in 2019.Credit:Justin McManus

The report on a long-running investigation,which centred ondevelopment approvals by Casey Council in Melbourne’s south-east,is now set to be tabled in parliament on Thursday.

After Monday’s failure in the Court of Appeal,Woodman’s only legal avenue is to take his case to the High Court. But legal sources with knowledge of the case say this is unlikely he would win a stay.

In May,the Supreme Court first dismissed Woodman’s application for an injunction that would have halted the tabling of the Independent Broad-based Anti-corruption Com­mission’s (IBAC) Operation Sandon report to parliament.

On Monday,Woodman’s barrister,Gerard Nash,KC,failed to convince a bench of three Court of Appeal judges that errors were made in the Supreme Court’s decision.

John Woodman outside the Court of Appeal on Monday.

John Woodman outside the Court of Appeal on Monday.

Nash had argued it was unreasonable for IBAC to have held a public hearing without first offering Woodman an option to object.

What followed,Nash argued,was an allegedly unlawful public examination that caused his client reputation damage on a “grand scale”.

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Nash said if an injunction was refused,“considerable damage” would flow to Woodman.

“His reputation will go further down the hill with further publication of the report,” Nash said.

The Court of Appeal dismissed the challenge,and Nash acknowledged that at no point during IBAC hearings did Woodman’s lawyers ask that they be held in private.

At the time,the court heard,Woodman had five lawyers acting for him.

Woodman arrived late to Monday’s hearing dressed in leisurewear and sat alone in the back row. Outside court,he said he was unaware of what was happening before cycling away along Lonsdale Street.

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During publicIBAC hearings in 2019 and 2020,Woodman was accused of paying more than $1.2 million to Casey councillors and buying political influence by pouring hundreds of thousands of dollars into Labor and Liberal party coffers.

IBAC provided Woodman with the draft report ofOperation Sandon in two parts in December and January.

Court documents show Woodman commenced proceedings in the Supreme Court in May four days after an article published in this masthead indicated IBAC’s report was soon to be tabled before state parliament.

On May 23,Justice Steven Moore heard and dismissed the application and ordered Woodman pay costs for IBAC and the state government.

The grounds of his latest appeal alleged there were errors of law in Moore’s judgment.

Nash also declined to comment outside court on the likelihood of another appeal.

Integrity experts say the long delays resulting from Woodman’s legal challenges highlight the need for amendments to the IBAC Act.

Currently,the act only allows public examination of witnesses in ‘exceptional circumstances’,and it requires that anyone who has adverse findings against them be given the opportunity to respond before publication of a report.

The equivalent ICAC Act in NSW has neither the exceptional circumstance condition nor is it required to allow persons mentioned in a report to respond to adverse findings before publication.

Centre for Public Integrity spokesman and former Court of Appeal judge Stephen Charles KC,said the Victorian act was “very clearly deficient in both these respects”.

“The ICAC legislation in NSW works much more effectively in the public interest than Victorian laws.”

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