Legal battle for light rail

A GOLD Coast man i s suing Treasurer Wayne Swan in a bid to stop the Glitter Strip’s $1.6 billion light rail project in its tracks.

Carpenter and ‘‘truthologist’’ Bruce Jeffree has launched legal action against Mr Swan, federal Finance Minister Penny Wong, the Gold Coast City Council and light rail company GoldLinQ.

He alleges government funding for the project is unconstitutional and is seeking to have it frozen.

A hearing has been set down in Southport District Court this month.

Mr Jeffree is a member of a group called Truthology, which opposes the levying of taxes and charges and advises people how to take on banks and avoid paying debts and fines.

In affidavits filed with the court, he alleges the light rail project is a state responsibility and the council cannot legally invest $120 million in it on behalf of ratepayers.

‘‘To (my) knowledge and understanding, the (council) has no jurisdiction to commit revenue collected as rates for what is a state issue to the benefit of the state of Queensland as a whole,’’ Mr Jeffree states.

‘‘Therefore, it is submitted that such action to commit monies from such charges may be unlawful.’’

Mr Jeffree says the council has committed to compensate GoldLinQ for losses on the rail for 18 years.

‘‘All such losses will in part be borne by the ratepayers of the Gold Coast and paid through revenue which could be disguised as rate charges,’’ he says.

He says the Federal Government has no constitutional power to use taxes to benefit a single state.

‘‘It is further alleged that the Federal Parliament enacted no law for the appropriation of funds, alleged to be $365 million, for the purposes of building a Light Rail Transport on the Gold Coast and therefore, such appropriation . . . should be deemed unlawful,’’ Mr Jeffree submits.

He says all efforts and requests to view the light rail contract have been denied on grounds including it is ‘‘commercial in confidence’’.

Mr Jeffree states that because the council and Federal Government cannot legally deal with a state issue, the contract ‘‘was entered into deceptively and/or unlawfully’’.

He has quoted the Australian Constitution and High Court decisions concerning federal powers in support of his application.

Mr Jeffree has asked the District Court to invoke federal jurisdiction and in the meantime prohibit the council and Federal Government from funding the light rail.

His challenge comes as work steps up on on the controversial 13km electric tram link from Griffith University to Broadbeach.

The project has come under fire from critics including residents caught in roadworks gridlock and small business owners on the rail route who have closed their doors due to disrupted trade.

The project, which is a privatepublic partnership, is due for completion next year.

Mr Swan, Ms Wong, the council and GoldLinQ are yet to respond to Mr Jeffree’s court action.