RSLWA in Veteran’s Motorcycle Club court fight over Nollamara clubhouse where ‘activities’ prompted closure

The Returned and Services League WA has taken bikie-linked former neighbours to court in a bid to formally oust them from their clubhouse in Perth’s north. The organisation let the Vietnam Veterans and Veterans Motorcycle Club WA Chapter construct the building on vacant land next to their Nollamara sub-branch in 1996. Stephen Hicks, representing the VMC, told Supreme Court of WA Justice Alain Musikanth on Monday that his client was initially charged peppercorn rent of $1200 per year. Payment later became consideration for utilities and maintenance, he said. But in February last year, skimpy barmaids and other unsavoury behaviour prompted the RSLWA to disband its Nollamara sub-branch — removing its charter — and kick out the VMC. RSLWA board member Trent Mongan said federal and State veterans affairs ministers Matt Keogh and Paul Papalia were forewarned about the actions, which involved police and changing the locks. “So if there was anything on the premises that would compromise the RSL’s standing in the community, it would be found by police and not at a later date,” Mr Mongan said. He testified that 35 rounds of ammunition - a mix of live rounds and dummies - were found along with two magazine clips and pharmaceuticals including Viagra. Tom Porter, lawyer for the RSLWA, said the VMC reoccupied the building without consent weeks later by removing the locks. Mr Porter said a condition of the Crown land grant was that it may only be used as an RSL and the organisation would not return until the VMC vacated. He argued that no document that met the essential requirements of a lease existed, so having withdrawn consent to occupy the land, the VMC was now trespassing. But Mr Hicks insisted a lease of “indefinite duration” existed in both oral and written form, and the RSLWA had breached the agreement by changing the locks. The agreement had been approved high up - by the office holders of RSLWA, Mr Hicks added. He said his client had raised cash to construct the clubhouse, filled it with trophies and other memorabilia, installed memorials to members and built relationships with the local community. “It would be unconscionable in these circumstances to allow the plaintiffs to terminate,” Mr Hicks said. Even if the lease had been validly terminated, time was usually given to remove possessions. But goods had been taken and held for “many months”, he said, with three items yet to be returned. And there had been no apology, the lawyer added. Mr Hicks said the building would be expected to last 50 years, so in a counter-claim, the VMC was seeking the judge declare its entitlement to stay until 2046. “This is a somewhat novel approach but it is an unusual situation and I accept that,” he said. RSLWA state president Duncan Anderson is among those being called as witnesses in the civil trial. In a Statewide newsletter announcing the sub-branch closure, Mr Anderson described “activities” at the site as being “a serious breach of RSLWA’s constitution and code of conduct”. The VMC is part of the United Motorcycle Council WA, which counts the Cheaters, Gypsy Jokers, Club Deroes and Rebels as members. The trial continues.