Compensation for Planning Blight Case Note Barilla v Roads Corporation [2017] VSC 349 This Case Note was originally published in Law Council of Australia, LPS News (Issue 3, Spring 2017) at p. 11 In Victoria, a trigger to compensation for planning blight […]
Continue reading...SPORTING CLUBS AND GOVERNMENT LAND KELLEHERS AUSTRALIA’S FOOTY FEVER NEWSFLASH With Melbourne suffering its usual footy fever, Kellehers turns to sporting clubs. Community sporting clubs rely heavily on support from the government and the broader community. They often occur on […]
Continue reading...Water Rights as Property[1] Newsflash Kellehers Australia was involved this week in assisting the Law Council of Australia in its submission to the Senate Inquiry on the Integrity of the Water Market in the Murray-Darling Basin. This important Inquiry followed […]
Continue reading...Challenging Council Rates and Charges Newsflash Ratepayers who receive rates notices that appear invalid must act quickly. The power of Councils to levy rates and charges is created, and limited, by Part 8 of the Local Government Act 1975 (Vic) […]
Continue reading...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 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 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 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...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...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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