The legal dispute relates to the production of & Juliet, a 2025 musical in Wagga directed by Michael Mitchell. Photo: And Juliet Wagga Wagga/Facebook.
A costly Supreme Court battle between the Wagga School of Arts Community Theatre (SoACT) and one of its former directors is set to continue for at least two more months, after a judge granted Michael Mitchell permission to revise his legal claim and set a September hearing date.
The volunteer-run theatre company is understood to have already spent tens of thousands of dollars defending the proceedings, raising concerns about the financial toll of the dispute.
The court battle stems from SoACT’s 2025 production of & Juliet, directed by Mr Mitchell. Following complaints about his conduct during the production — including allegations he used “non-inclusive” and “shame-based” language — SoACT suspended his membership. Mr Mitchell denies the allegations, has criticised the handling of the complaints, and unsuccessfully challenged the decision internally before taking the matter to the Supreme Court.
According to court documents filed in April 2026 and obtained by Region, Mr Mitchell is seeking to have the dispute referred to independent arbitration, his membership rights reinstated while that process occurs, and an order that SoACT pay his legal costs. He is also seeking access to a range of internal SoACT documents, including unredacted committee minutes, complaint files, voting records and membership information, as well as orders preserving relevant material.
Mr Mitchell’s summons also states that an attempt to resolve the matter through mediation was unsuccessful. He further alleges that SoACT failed to take appropriate steps to progress the dispute to arbitration, prompting him to bring the matter before the Supreme Court.
At Friday’s hearing (26 June), Mr Mitchell was represented by Sydney lawyer Milan Cikic after previously appearing for himself. SoACT is being represented by veteran Wagga lawyer Kevin Foley, best known for acting in a high-profile 2010 plagiarism case involving allegations that Harry Potter and the Goblet of Fire copied elements of the earlier work Willy the Wizard.
“The Wagga Wagga School of Arts has engaged a solicitor and counsel, and given the nature of the proceedings, I determined that it would be prudent to obtain legal representation for myself,” Mr Mitchell told Region.
Justice David Hammerschlag granted leave for Mr Mitchell to file an amended summons setting out his revised claim. He must file the updated documents and supporting affidavits by 31 July.
SoACT must file its defence or amended response by 21 August, with Mr Mitchell to file any reply evidence by 28 August.
A related procedural application by SoACT has been adjourned and will now be dealt with at the September hearing.
The parties agreed that the question of legal costs arising from Friday’s hearing would be determined at a later date.
“Why should the cost of the motion be reserved? Who is ever going to deal with it?” Justice Hammerschlag asked during the hearing.
Mr Cikic said his client had been self-representing until 36 hours earlier and needed time to identify and respond to any deficiencies in SoACT’s case.
SoACT is one of regional NSW’s longest-running community theatre groups and has been producing plays since 1945. It has declined several requests to formally comment on the proceedings or respond to Mr Mitchell’s claims.
However, members have privately expressed surprise and distress that the volunteer-run organisation is having to defend the matter in the state’s highest court, with one saying nothing like this had happened in its 81-year history.
Despite the legal dispute, the company has continued staging productions, with its next show, the satirical comedy Ice Cream, scheduled for August.
The Supreme Court matter is set to resume on 4 September.
