tag4
(03) 9429 8111

Recent News


Allocating Risk in Large Transactions: Guarantees and Indemnities

Allocating Risk in Large Transactions: Guarantees and Indemnities Newsflash In significant commercial transactions, Guarantees and Indemnities are vital tools for managing risk. They are especially important when contracting with a company with only a very small amount of share capital […]

Continue reading...

Unlocking Significant Social Effect

UNLOCKING SIGNIFICANT SOCIAL EFFECT NewsFlash Planning decisions in Victoria require the decision maker to consider whether the proposed use or development may have any significant social effect (‘SSE’). This requirement is often overlooked, and successful reliance upon it is very […]

Continue reading...

Councils’ Liability for Dangerous Trees

COUNCILS’ LIABILITY FOR DANGEROUS TREES Large trees can be highly dangerous, especially when inappropriately located close to residential dwellings. This can be particularly so with endemic Australian trees and eucalypts (colloquially known as ‘widow makers’). In Victoria, the removal of […]

Continue reading...

Using a Caveat to Protect Land Affected by a Surveying Error

USING A CAVEAT TO PROTECT LAND AFFECTED BY A SURVEY ERROR A caveat can be an essential tool to protect interests in land. The Torrens System adopts the principle that a registered interest generally prevails over any unregistered interest, and […]

Continue reading...

What Is a ‘Major Structural Defect’?

THE MEANING OF ‘MAJOR STRUCTURAL DEFECT’ The term ‘major structural defect’ appears to be clear. However, as with many apparently simple terms, case law reveals other stories. The interpretation of terms by the law can become complex and vary with […]

Continue reading...

The Colonial Courts of New South Wales

In-House Memorandum ~ The Colonial Courts of New South Wales The development of the system of courts of New South Wales was key to the colony’s transition from a penal outpost to a civil society with a closer resemblance to […]

Continue reading...

Case Note: Characterising a ‘Place of Worship’ under a Planning Scheme

Characterising a ‘Place of Worship’ under a Planning Scheme Case Note RSSB Australia Pty Ltd v Ross [2017] VSC 314, Emerton J EXECUTIVE SUMMARY This case involved the characterisation of a proposal as a ‘place of worship’ through applying principles […]

Continue reading...

Case Note: Altering a Planning Permit through Secondary Consent

Altering a Planning Permit through Secondary Consent CASE NOTE Cook v Mornington Peninsula SC (Red Dot) [2017] VCAT 1129, Deputy President Dwyer EXECUTIVE SUMMARY Councils often give what is known as a ‘secondary consent’. This allows small changes to endorsed […]

Continue reading...

Another Year Teaching Mediation at Humboldt University

Report on another year teaching mediation at Humboldt University in Berlin: This year as a visiting lecturer In late July and early August I taught at the 19th International Summer School on Dispute Resolution – Negotiation, Mediation, Arbitration. This is […]

Continue reading...

Case Note: Protection Works Notices

Protection Works Notices Case Note Colonial Range v CES-Queen (BAB4 – Protection Works) [2017] VSC 317 (5 June 2017), Digby J A recent Victorian Supreme Court judgement provides useful guidelines concerning the protection works notices required for many building projects. […]

Continue reading...

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16