Vincent resident Ian Ker, who launched the litigation with Cottesloe lawyer John Hammond which the City of Subiaco recently joined, said seeking leave to apply to the High Court was a ‘real possibility’.
‘It would depend on the nature of the judgment, such as if they don’t allow grounds for appeal,’ he said.
‘There is no point in going into a legal battle like this if you’re going to fall at the first hurdle.’
Mr Ker said the Supreme Court action would be filed early this week.
Subiaco chief executive Stephen Tindale said the City last week wrote to every local government and recommended they state their intention to withdraw their proposals should the litigation be successful.
‘We have written to the Local Government Advisory Board saying that if the Minister’s proposals are found to be unlawful, then the City withdraws its own proposal (to merge with the City of Perth) because it was only put in under duress,’ Mr Tindale said.
Mayor Heather Henderson said the litigation process was moving forward by ‘leaps and bounds’.
‘We (Councils for Democracy) were such an isolated group, but now having the commonality of all being losers has brought us together with a vengeance,’ she said.