This post was originally published on this site
Matthew Townsend
In 2011, in Zwierlein v Baw Baw SC [2011] VCAT 74, the Victorian Civil and Administrative Tribunal refused an application for a three lot subdivision on land in Warragul after finding it was “unable to say that a beneficiary of … Continue reading →
This post was originally published on this site
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?
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
ABC Radio
In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
In Rose Burwood Pty Ltd v Whitehorse CC [2021] VCAT 755, the Victorian Civil and Administrative Tribunal adopted a potentially inexpensive means of construing a building materials covenant. The parties appear to have made written submissions to the Tribunal and … Continue reading →
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
It is important to remember that the Supreme Court will not enforce each and every breach of a restrictive covenant. A plaintiff discovered this, to his detriment, in Manderson v Smith S ECI 2020 03378. This case concerned a resident … Continue reading →
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
ABC Radio
We speak to the Chair and one of other the four commissioners who will preside over Victoria’s ground breaking Yoo-rrook or Justice Commission. And new research has found that local court magistrates are the state-based judicial officers who suffer most from work-related stress.
This post was originally published on this site
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.
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?
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?
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?
This post was originally published on this site
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
This post was originally published on this site
ABC Radio
Australia’s whistle-blower laws will be in the spotlight when a long-running, high-profile prosecution involving former ATO officer Richard Boyle comes back before the courts. Also, if a vaccine causes an injury, many countries have a vaccine injury compensation scheme. Do we need one in Australia?
This post was originally published on this site
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
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
For a restrictive covenant to be legally valid, the following elements are required: (a) the covenant must be negative;(b) the burden of the covenant must be intended to run with the land; and(c) the covenant must be given for the … Continue reading →
This post was originally published on this site
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
This post was originally published on this site
Matthew Townsend
The Supreme Court is typically unwilling to exercise its power to discharge a restrictive covenant entirely, preferring instead to modify a covenant to allow an applicant’s stated intentions. The objective for applicants should therefore be to modify the restrictive covenant … Continue reading →
This post was originally published on this site
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
This post was originally published on this site
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.
This post was originally published on this site
ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner
This post was originally published on this site
ABC Radio
Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner
This post was originally published on this site
In Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 the High Court has unanimously allowed the appeal brought by the Commissioner against the decision of the Full Federal Court in Commissioner of Taxation v Travelex Limited [2020] FCAFC 10. This is the second case to reach the High Court,
This post was originally published on this site
ABC Radio
Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system. In a legal first, the Kaurareg people of Muralug island obtained
This post was originally published on this site
ABC Radio
The High Court of Australia has upheld the Continuing Detention Order for convicted terrorist Abdul Nacer Benbrika. Even though his fifteen year sentence is over, he is deemed to pose an ongoing threat and he remains in detention. Also, the High Court has agreed to hear the case of
This post was originally published on this site
ABC Radio
Queensland Police has launched an exit scheme to help outlaw motor cycle gang members break away from their clubs. It’s the first venture of this kind in Australia. And the High Court has ruled that issues around property division and maintenance can be heard in an Australian court, even
This post was originally published on this site
ABC Radio
Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.
This post was originally published on this site
ABC Radio
Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination. Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.
This post was originally published on this site
ABC Radio
If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930’s
This post was originally published on this site
The Sutton Laurence King team has been hand selected for their expertise and ability to formulate creative, practical legal solutions for your business. Need advice or assistance with a legal matter? Get in touch with our team for an initial discussion without the legal jargon, and with up-front
This post was originally published on this site
We work with you to achieve outcomes, focusing on open communication and being available when you need us. Our aim is to provide clear and concise communication, to be up-front and flexible with our fee structure if necessary, whilst dealing with your legal issues with a minimum hassle.
This post was originally published on this site
ABC Radio
In northern NSW, Lismore Local Court Magistrate David Heilpern has just retired at the age of 58. In a candid conversation about his working life, its challenges and stresses, he also outlines his misgivings about the NSW drug driving laws which played a big role in his decision to
This post was originally published on this site
Take the legal hassles out of your life. Here at Sutton Laurence King Lawyers, we know that your business is your priority. That’s why we take care of your legal concerns with creative approaches that are both simple and easy to understand. Contact us today to see how we can
This post was originally published on this site
Sometimes situations can change within an instant and it is difficult to determine the best course of action. Getting the advice of an experienced legal team can save you and your business in more ways than you think. If you’re in need of our services get in touch with
This post was originally published on this site
Our lives have never been the same. Right now, it is difficult to ascertain and understand your rights as a business owner, landlord or home owner. As a team of highly trained professionals, we understand all the diverse aspects involved with changes in the law. In fact, we make it
This post was originally published on this site
ABC Radio
The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due
