Mediation resolves “Tecoma 8” legal case with McDonalds

31 October 2013
The legal case between protesters opposed to a fast-food outlet and McDonalds Australia has been resolved following a court-ordered mediation held in Melbourne on 29 October, 2013.

A McDonalds outlet is currently being built in Tecoma in the Dandenong Ranges and is the subject of a high-profile community campaign.

The settlement is still subject to approval by Justice Kyrou of the Supreme Court of Victoria. McDonalds and the defendants have agreed on a joint statement about the settlement (see below).

"The agreement is a significant relief for the 'Tecoma 8' who found the case to be extremely stressful," said Elizabeth O'Shea head of Maurice Blackburn's social justice practice.

"The firm has acted pro bono in this case because peaceful protest is fundamental to civil rights and democracy."

Joint statement of Maurice Blackburn and McDonalds Australia

"The parties wish to announce that agreement has been reached to settle the Supreme Court proceedings by McDonald's Australia against eight defendants as well as the people for whom they were appointed as representatives by the Court. The proceedings concerned protest activities regarding construction of a McDonald's outlet in Tecoma.

As part of the agreement, McDonald's has agreed to discontinue the proceedings and is not seeking any legal costs from the defendants. In exchange, the defendants have agreed personally and on behalf of those they represent not to undertake activities which may constitute trespass or nuisance until 30 June 2014.  If the settlement agreement is breached, McDonald's has the right to reinstate proceedings against any of the named parties. McDonald's can also seek other remedies against any others bound by the orders if they are breached, including applying to issue proceedings for contempt of Court. The order sought will  allow the defendants and those they represent access to the footpath in front of the site except for the purpose of engaging in trespass, nuisance or harassing or intimidating people on the McDonalds land.

The parties will now jointly seek approval of the resolution by the Supreme Court. The existing injunction continues until the Supreme Court makes that order. 

All parties are pleased to have reached agreement and for the Supreme Court case to be finally resolved."


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