The council received legal advice late yesterday that the September 13 resolution for an independent risk assessment was contrary to the Local Government Act, and may be voidable if challenged in court.

Councillor Bob Cook said last night he would ‘‘be taking legal advice’’ if the council did not consider the matter and overturn its decision tonight.

‘‘I will be bringing it back to the council [tonight],’’ Cr Cook said.

The Newcastle Herald understands the legal advice is critical of lord mayor John Tate for allowing the motion to be debated last week.

Read Herald columnist Jeff Corbett's memories of a previous Newcastle council in disharmony by clicking here.

While the legal advice, which was distributed confidentially to councillors last night, says the decision was unlawful, the council administration cannot make its own ruling and must continue to implement the independent assessment resolution.

Herald cartoonist Peter Lewis has charted the fig saga. Click on the image above for a gallery of his work on the subject.

Cr Tate said he believed the advice should not have been sent to Cr Cook, who ‘‘may have a conflict of interest’’, as he had stated publicly that he was considering legal action over Laman Street.

In another development, councillors Brad Luke, Scott Sharpe and Aaron Buman took a swing at the city’s Labor councillors yesterday after they withdrew their support for a 7.8per cent rates increase next year.

The Labor councillors voted in support of a $48,000 community consultation on the rates increase earlier this month but called on Sunday for it to be postponed, citing the ongoing fig tree issue.

Cr Luke (Liberal) said the Labor councillors voted to prolong the Laman Street saga in the meantime.

He also said the decision came too late, as the council’s management had already committed to spending the money to push for the rates increase. ‘‘The fig fiasco has been going on for two years and can’t be used as an excuse,’’ Cr Luke said.