WA Parliament debates new child protection laws

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ABC Radio

This week, the WA parliament is debating new child protection legislation.  Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?

Amendment Demands – updated process/forms

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noreply@blogger.com (Paul Miller)

 I published a guide to issuing amendment/discharge demands in May 2017 – you can read that article HERE.  

The PPSR has now issued a sample amendment guide themselves (available HERE) as well as a guide to its dispute process (available HERE).

They have also launched a new amendment statement form “to help

ACCC appeals in NSW Ports competition case

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noreply@blogger.com (Mike Terceiro)

 The ACCC has appealed Jagot J’s decision in the NSW Ports matter. I like their chances on the purpose of the agreements.

“We will argue that the Court made an error in finding that the Port Commitment Deeds didn’t have an anti-competitive purpose, even though the Court found that the purpose

Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720

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noreply@blogger.com (Mike Terceiro)

 I had a quick look at Justice Jagot’s decision in the ports case. I am not too sure the judge came to the right decision. While her effects analysis looks sound, her discussion of the purpose of the provisions looks weak and unconvincing.

Jagot J’s analysis of the counterfactual led her

Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?

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Liz Bodey

Whether it be Liberty Oilfield Services launching the critical “Thank You North Face” USA campaign calling out The North Face’s hypocritical and extensive fossil fuel use, or Greenpeace’s Australian campaign criticising AGL for its extensive greenhouse gas emissions, many companies and activists toe the line of trade mark and

Taxation of costs of litigious matters where there is no valid costs agreement at all or where the costs agreement is void

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Stephen Warne

In this post, I look at the law governing taxations of costs between lawyers and their clients, charged in litigation.  It used to be that where the costs agreement was void, or it was disregarded for the purposes of the taxation because of material costs disclosure defaults, or there was

Proceeds of crime

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ABC Radio

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their

Legal discipline and the model paedophile

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Stephen Warne

If there were such a thing as a model paedophile, the respondent in Legal Services Commissioner v Ferguson [2021] QCAT 205, a gentleman in his early 60s, might be it.  He had psychiatric ill health and other life difficulties and turned to booze and porn, a small fraction of which

Can you sell a property if the co-owner isn’t keen?

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Property in Victoria can be expensive. So one way of entering the market faster is to pool funds with family or friends. Unfortunately, things can get difficult when one co-owner wants to sell and the other doesn’t.

When this happens, can you force a sale?

The two different ways to

How to get a liquor licence in Victoria

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Victoria boasts a world-class hospitality scene. But there’s always room for one more venue where patrons can enjoy a quick beer after work or a cheeky cocktail … or three.

However, opening a new bar, restaurant or cafe can come with a checklist as long as your arm. You don’t

Supreme Court flexes inherent jurisdiction of its own motion to require both parties’ lawyers’ costs to be taxed by the Costs Court on Scale

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Stephen Warne

Pity the dozy lawyer who wanders innocently into Justice Cate McMillan’s court, bringing attitudes from days of yore about fees charged out of a great big fund.  Re Jabe; Kennedy v Schwarz [2021] VSC 106 should in my opinion be reported in the Victorian Reports as indicative of the breadth

“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

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Liz Bodey

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a

Climate change litigation

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ABC Radio

Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate

Bougainville independence talks underway. And are judges too lenient when sentencing sex offenders?

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ABC Radio

Could we soon see the creation of a brand new country immediately to Australia’s north? PNG’s Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville’s future. Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out

Overwhelming support for constitutionally enshrined indigenous voice

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ABC Radio

The Uluru Statement from the Heart called for a constitutionally enshrined indigenous voice to parliament. In response, the federal government created a co-design process, which produced an interim report outlining what form this voice might take. A new report has found that 90% of the 2500 submissions received following

Buyer beware: What is a section 173 agreement?

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Your home might be your castle. But that doesn’t necessarily mean you can do whatever you want with your property.

There may be planning restrictions that set out conditions or restrictions on the use or development of your land. In Victoria, these restrictions are commonly known as a section 173

Witness K and the public interest. And should Australia adopt private sponsorship of refugees Canada style?

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ABC Radio

Can revealing Australia’s security operations ever be in the public interest? A former spy, Witness K received a three-month suspended sentence for revealing the Australian government spied on the Timor Leste government during negotiations over oil and gas resources in the Timor Strait. And, since the 1970s, over 300,000

Vaccine passports and global snapshot of LGBTQI discrimination

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ABC Radio

Some countries and states have introduced a Vaccine Passport, to allow more domestic and international movement and businesses to return. What are the technical and legal obstacles to a COVID-19 vaccine passport here in Australia? And in this Pride Month, while the LGBTQI community has a lot to celebrate

Who is responsible when external cladding fails in an apartment tower during a fire – Court of appeal?

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noreply@blogger.com (William Stark)

Further to my post about the fall out from the Lacrosse Tower fire in VCAT (see:  https://melbournepropertylaw.blogspot.com/2020/01/who-is-responsible-when-external.html), the Court of Appeal recently handed down its decision on the appeal from VCAT. 

In Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T [2021] VSCA 72, Beach, Osborn JJA and Stynes AJA

Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?

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noreply@blogger.com (William Stark)

The Supreme Court of Queensland (Holmes CJ) has recently considered the duty of a mortgagee in selling a secured property in uncertain economic times (ie during a pandemic). In HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58, the Court considered an application to remove a caveat lodged by

Porter v ABC and  AGL v Greenpeace

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ABC Radio

Former Attorney General Christian Porter has discontinued his defamation litigation against the ABC. And power company AGL is taking Greenpeace to court arguing breach of trademark and copyright. AGL says the activist group should not have used its trademark in a series of parody advertisements that highlights its CO2

What Prince can teach us about wills and estates

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The end of April marked five years since pop superstar Prince died suddenly at his Paisley Park home in Minnesota. Prince left behind an estate comprising largely of intellectual property and music rights worth an estimated US$150-$300 million.

However, he died without a will so his estate still hasn’t

Your quick guide to Victoria’s planning legislation

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No matter your age, job or background, Victoria’s planning legislation has a big impact on your life. That’s because it governs the built and natural environment around us.

Councils use the legislation to develop planning schemes that affect how land can be used and developed within your local area. These

Improving the justice system for sexual assault survivors

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ABC Radio

Many victim survivors of sexual assault say they found giving evidence at trial a harrowing and re-traumatising experience. The Victorian Law Reform Commission is currently conducting an inquiry into ways to improve the responses of the justice system to sexual offences.  

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule [Updated audio]

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ABC Radio

The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule

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ABC Radio

The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule

This post was originally published on this site

ABC Radio

The Federal Court dismissed a challenge to the Morrison government’s ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?

Drug driving truckies and outraging public decency

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ABC Radio

Mohinda Singh, the truck driver responsible for the deaths of four Victorian police officers has been sentenced to a non parole period of 18 years. Richard Pusey, who callously filmed the tragedy has also been sentenced to 10 months jail after pleading guilty to a number of offences including

Would Scrapping Stamp Duty Benefit Victorians?

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In starting with a brief refresher, stamp duty is the land transfer tax. It’s calculated based on a home’s open market property value.

The number isn’t a set percentage or fixed rate but is calculated on a sliding scale. Stamp duty varies throughout Australia, but here are the standard costs

Restrictive Covenants in Victoria–theory and practice

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Matthew Townsend

The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au