Court rules Melbourne mayor's suspension was invalid

Aidan McLindon says the court judgment ends a difficult 12 months. (Supplied)

The Supreme Court has ruled last year's suspension of Whittlesea mayor Aidan McLindon was invalid.

The court found Cr McLindon was not afforded procedural fairness during an investigation into his conduct, which rendered the minister's recommendation for his suspension as baseless.

Cr McLindon says he is considering his next legal steps against the government in light of the ruling.

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.

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