A court has ruled the suspension of a mayor in Melbourne’s north last year by the state government was invalid.
Aidon McLindon was stood down as mayor of Whittlesea for six months in April 2025 after he was accused of intimidating behaviour and poor conduct, which he has always denied.
The then-local government minister Nick Staikos recommended the suspension of Cr McLindon, saying it was “necessary to protect the health and safety of the councillors and staff at Whittlesea City Council“.
At the same time, Mr Staikos announced an independent inquiry into the Whittlesea council after receiving a letter co-signed by 10 councillors requesting urgent intervention.
The Commission of Inquiry also raised concerns about other councillors and staff, resulting in the appointment of municipal monitors to the council.
Council monitors were appointed to the City of Whittlesea in 2025. (Supplied: Facebook/City of Whittlesea)
After serving a six-month suspension, Cr McLindon returned as a councillor.
He took legal action against Mr Staikos, seeking a declaration that the recommendation to suspend him was unlawful.
The Supreme Court was told the council monitors alleged Cr McLindon breached the Model Councillor Code of Conduct in a series of divisive social media comments he made as mayor during a state election campaign.
The monitors alleged that the comments had been widely viewed as racist, homophobic and transphobic, the court was told.
Today’s judgment also noted allegations from the monitors that Cr McLindon had trivialised a petition of 1,300 signatures calling for him to resign as mayor, sought to intimidate the council’s chief executive officer and caused emotional distress to several councillors and staff.
However, the court found Cr McLindon was not afforded procedural fairness during the monitors’ investigation because they did not provide him with sufficient details about the allegations and their proposed findings against him, or the opportunity to respond.
The court ruled that the monitors’ report was rendered invalid and therefore the minister had no basis to recommend his suspension.
Nick Staikos was the local government minister until earlier this year when there was as cabinet reshuffle. (ABC News)
Cr McLindon said the judgment was a relief after what he described as a horrific 12 months.
“This was absolutely an unlawful dismissal under the local government legislation which Dan Andrews had introduced to the parliament,” he said.
“There was no way I was going to let them suffocate democracy to that level.
“Today was a win for every Victorian and for the beginning of the restoring of democracy in Victoria.”
McLindon considering next steps
Cr McLindon unsuccessfully challenged the then-premier Daniel Andrews in his seat of Mulgrave in the 2022 state election for the right-wing Freedom Party.
He was unsuccessful as an independent in last year’s Werribee by-election.
In Queensland, he beat Pauline Hanson to take the seat of Beaudesert for the Liberal National Party in 2009.
He has also been a member of Katter’s Australian Party and other minor parties in Queensland.
Cr McLindon said all allegations against him were vexatious and a political witch-hunt by the Labor government in retaliation for his policy positions.
“It’s been a tumultuous 12 months for myself and for many people and my loved ones,” he said.
“It’s been horrendous, actually, from a professional and a personal level.”
Aidan McLindon when he was an MP in Queensland in 2010. (ABC News)
Cr McLindon said he was now considering further legal options against the state government.
And he said he would not rule out running in this year’s Victorian state election as an independent.
“The leadership that Victorians are looking for currently does not reside in the existing MPs in the parliament, from both Labor and Liberals.
“We need a massive clean out.
“Right now we’ve got Coke and Pepsi in the parliament, and people are looking for fruit juice.”
The City of Whittlesea issued a brief statement following the court’s decision.
“While Council was not a party to the matter, we recognise there is significant public interest in the decision,” it said.
“The City of Whittlesea remains focused on delivering services, infrastructure and outcomes for the community.”
The Victorian government said it would be inappropriate to comment at this time.
