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Recent News


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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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Interpreting reservations of Crown land

NewsFlash ~ Interpreting reservations of Crown land   When the government reserves land for a public purpose through a Crown reservation,[1] the land is typically zoned with a public zone such as the Public Park and Recreation Zone (PPRZ). Once […]

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Mediation and Negotiation in Victorian Planning and Environment Law

Reflections on Mediation in Victorian Planning and Environment Law Having just returned from my time as a faculty member of the International Summer School on Alternative Dispute Resolution [Run jointly by Tulane University (New Orleans, USA) & Humboldt University (Berlin, […]

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