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Recent News


Local Government – Judicial Review of Administrative Actions

In-House Memorandum ~ Judicial review of administrative actions In several recent cases, we have found that reasons provided by administrative decision makers were insufficient or non-existent.  In one case, a rural Council’s reasons for a decision affecting a landowner’s interests […]

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Planning – How Close is Too Close?

In-House Memorandum ~ Proximity of Development A recent VCAT case, Golden Seven Star v Port Phillip[1], involved a unique argument that positioned ‘proximity’ as a key element of ‘social effects’. Social effects are now mandatory for consideration on any planning […]

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Environment – Abbott’s Green Tape

In-House Memorandum ~ Reducing Green Tape The Federal Government plans to engage in a consultative process with business, the not-for-profit sector and the community in an audit of environmental legislation. It seeks to identify “unworkable, contradictory or incompatible ‘green tape’”[1]. […]

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Water – Liability of Public Authorities

In-House Memorandum ~ Water Bill – Liability Provisions  The Water Bill Exposure Draft contains interesting and important codification of the liability of public authorities (Chapter 11).  The Bill considers liabilities arising from taking or using water (s669) and those arising […]

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Human Rights At VCAT

In-House Memorandum Public Authorities and the Charter of Human Rights and Responsibilities Act 2006  The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘the Charter’) contains important provisions affecting all public authorities. The Charter applies to public authorities, […]

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Australian Government & the Environment

In-House Memorandum Australian Governments and the Environment  This month we focus again on important Government administrative and regulatory changes with respect to the environment. We look at both Victorian and Federal levels. VICTORIA Victorian Environment Commissioner Prominent and highly respected […]

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Mumbowran: Aboriginals and Early Law in Victoria

~ Mumbowran ~ This is a riveting tale of Aboriginal strength alongside bureaucratic neglect. It comprises contemporaneous newspaper accounts published in the Geelong Advertiser[1]  about this time of year in 1841, describing the fate of a wonderful Aboriginal known as […]

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Surrogacy: Caution against backyard arrangements

SURROGACY: CAUTION AGAINST BACKYARD ARRANGEMENTS A very recent UK case[1] stands as a cautionary tale of the serious legal and practical difficulties which  can arise where couples enter into informal surrogacy arrangements, often in the absence of counselling or any […]

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Abbott Government and the Environment – First 100 Days

In-House Memorandum ~ The First 100 Days – Abbott Government Since taking office last year, the Abbott Government has brought about significant changes to environmental law. This paper considers the four main proposed changes over the government’s first 100 days […]

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New Water Law Bill For Victoria

In-House Memorandum ~ New Water Bill for Victoria Water is a vital resource. The Victorian Government is currently preparing new legislation for the management and use of water.   Management and use of water in Victoria is currently governed by […]

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