Solicitor David Shaw, who is acting on behalf of former CEO Peter Schneider, said the application had been filed seeking an injunction to be made to stop the council employing a new chief until after his case had been decided. A hearing on the injunction has been set down for March 12.

Applications for the recruitment of a new CEO closed on February 15 and the council has yet to determine when the appointment will take place, the council said on Tuesday. In September, Mr Schneider lodged action in the Supreme Court against the council seeking a judicial review into the decision to terminate his contract in July last year.

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In documents filed with Victoria's Supreme Court, it has been claimed the special meeting where Mr Schneider's contract was terminated in a 4-3 vote of councillors was contrary to governance rules and they had no jurisdiction to make the decision.

If the hearing, which is expected to happen on March 23, is decided in his favour and declares the decision to terminate his contract void, it could mean the former CEO may automatically be given his job back.

A confidential matter was listed for Monday's council meeting which was closed to the public in relation to the appointment of the independent CEO Employment Matters Advisory Committee Chair.

The council said the confidential report from last night was in relation to the appointment of the independent CEO Employment Matters Advisory Committee Chair.

"In recruiting a CEO, council has acted in accordance with its obligations under Section 94 (1A) of the Act which requires council to '... make a permanent appointment to the position of chief executive officer as soon as practicable after a vacancy in the position occurs," it said.

The council also said it would be inappropriate to comment on matters currently before the court.

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