Formulating a remedy for proprietary estoppel

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Cameron Charnley

A version of this case note originally featured in the Commercial Bar Association’s blog, ‘Commbar Matters’. A link to the original article can be found here— — —

Harris v Harris involved a claim of proprietary estoppel arising from a series of promises made by a father to bestow land on his sons.[1]

For a Business Owner: How This Is Likely to Play Out

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Bruce Provan

Once you have decided or you have come to the realisation there is no prospect of reconciliation, it is usually best to start the process of negotiating parenting and financial arrangements sooner rather than later. In most cases, the longer the process drags out, the more difficult it becomes. Especially

Separation – This Can Go a Number of Ways

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Bruce Provan

If you haven’t already done so, the first decision you need to make is whether you want to separate. Separation is not only life-changing and emotionally taxing — it is also stressful, difficult, time-consuming and can be very expensive. In my experience, where one party has decided to separate, the

Getting Married and Having a Child Should Not Be so Hard

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Stephen Page

Life is grand. I am the luckiest man to live. Due to changes in the law, I have been allowed to marry- and to have a child with the person I love. While getting married and having a child seem self-evident truths, for LGBTIQ+ couples the law (and until 40

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

2019: Not Such a Good Year (Environment, Part II)

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Stephen Warne

The endangered greater glider, nearly a metre long, one of the biggest gliding mammals in the world, lives for 15 years, eats gum leaves, glides for 100 m between, ideally, tall old trees with hollows to bunk down in.

Today is World Environment Day.  It prompted me

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

Recent work – Thermomix (The Mix Australia Pty Ltd)

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noreply@blogger.com (Mike Terceiro)

Just completed the third and final independent review of Thermomix’s Australian Compliance Program.

It has been fantastic working with Thermomix over the last three years – a highly professional and innovative organisation with a very strong culture of compliance.

In particular, it was amazing to see how they quickly and effectively they

Australian Company Loses Ugg Trademark Battle

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noreply@blogger.com (Mike Terceiro)

Unfortunately, we lost our appeal to the US Court of Appeal for the Federal Circuit – see the attached article from the New York Times.

The strangest part was that after the argument and the Court saying it would reserve its decision, it then issued a decision without providing any reasons.

ACCC v Google

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noreply@blogger.com (Mike Terceiro)

I was having a look at the recent ACCC against Google about location data. There was an interesting quote from Professor List from the University of Chicago who gave evidence for Google.

In discussing the traditional economic models of decision making, List described the characterstics of the archetypal rational consumer in

Copyright Infringement? The Court is “Not Gonna Take It”

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Liz Bodey

A clear cut case of copyright infringement involving Twisted Sister’s hit song “We’re Not Gonna Take It” (WNGTI) has demonstrated the Court’s willingness to award significant financial penalties where intellectual property rights have been “flagrantly” infringed.

In Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434,

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

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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?

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

The findings of two significant Coronial Inquests

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ABC Radio

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating

Full decriminalisation of sex work on the cards in Victoria

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ABC Radio

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.  *Note there are sexual references in this program

Residential Tenants Get a Boost in Victoria

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New rental laws in Victoria that are part of long overdue reforms come into effect at the end of March. The reforms set minimum standards for rental properties, together with a host of other changes.

A total of 132 reforms were originally set to come into effect on 1 July

Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg

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ABC Radio

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying ‘there are medical and scientific explanations for the

How do ATO payment arrangements work?

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Although businesses have the responsibility to keep their tax obligations up to date, it sometimes happens that, due to unforeseen circumstances, they are not able to pay the tax owed to the Australian Taxation Office (ATO).

The most important thing here is that businesses should not ignore the tax debt

Inside Thomas Embling Hospital, a Forensic health facility

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ABC Radio

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne’s Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.