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

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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.

Disability Royal Commissioner Ron Sackville. And legal win for Torres Strait native title holders

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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