Federal Court orders South West Aboriginal Medical Service board be dismissed, new election at AGM
Police were called when SWAMs members gathered at the administration building in June, 2025. (ABC South West WA: Bridget McArthur)
In short:
The Federal Court of Australia has called for the entire board of the South West Aboriginal Medical Service be vacated.
The court declared moves to expel a director and 20 members were invalid.
What's next:
The organisation's annual general meeting will be held on April 23 which will be chaired by an independent chairperson, Craig Sanderson.
The entire board of one of Western Australia's largest Aboriginal community health services has been dismissed after the Federal Court found it used "oppressive conduct" and factional control to unfairly expel members and a director.
The Federal Court released its final orders late on Thursday with Judge Craig Colvin saying all member positions of the South West Aboriginal Medical Service (SWAMS) board be vacated.
SWAMS has more than 1,200 members across the Noongar country in southern WA.
It follows 12 months of turmoil, which culminated in the SWAMS headquarters in Bunbury, 170 kilometres south of Perth, being stormed by members and elders calling for the dismissal of chair Philip Ugle, and director Ernie Hill.
Police officers at SWAMS on June 25, 2025. (ABC South West WA: Bridget McArthur)
Lead plaintiff and director Lesley Ugle took legal action after the health service expelled her and 20 members, following what she described as a 'peaceful protest'.
Federal Judge Craig Colvin late Thursday ordered an election of a new board would be held at an annual general meeting (AGM) on April 23.
He ordered the expulsion notices be declared invalid.
The AGM will chaired by independent court-ordered lawyer Craig Sanderson.
The orders follow Justice Colvin's judgement on February 18 which found Mr Ugle and Mr Hill used factional control over the board, describing their conduct as oppressive and a bid to reduce accountability.
Donna Turvey (right) speaking at a meeting of SWAMS members in the administration building's lobby in Bunbury, June 25, 2025. (ABC South West WA: Bridget McArthur)
'Pure joy'
Former board member Donna Turvey was among those expelled from the service last year.
Ms Turvey said there was 'pure joy' at the Federal Court move to dismiss the board.
"It was pure joy for a battle that we knew that had to be fought and had to be won for the community," she said.
Ms Turvey said she was pleased the orders had been issued.
"When the community decided they wanted to rise up and take back what the community helped create, there was a faction of the board who I believe at the time, thought the company belonged to them."
She said the new orders would provide a fresh start.
"It gives us now a guide to hold the AGM with proper governance," she said.
"With the courts now bringing down an order to remove all member directors, it now puts us on a playing field that is levelled out."
She praised staff for continuing to keep operations going, despite the turmoil at the board-level.
Mr Ugle told the ABC he had taken leave and would make no further comment.
Previously SWAMS stated it had taken action it believed to be appropriate at the time, and it "respectfully disagreed" with aspects of the court's conclusions.
No orders for costs were made, but SWAMS will pay for the independent chair at the AGM.