Publications (816)

At Sixes and Sevens

Wednesday, 02 April 2014

The rule of law underpins the way society is governed.  Everyone is bound by and entitled to the benefit of laws.  Under the rule of law every law should be clear, predictable and accessible.  Dispute settlement should be fair and efficient.  Sometimes law is easy to chronicle but bewildering to practice.  Here are some examples why:

New Penalty Interest Rate

Wednesday, 02 April 2014

The Penalty Interest Rate on unpaid levies has increased from 10% to 11.5% from 3 February 2014.

Prior to the Owners Corporations Act 2006 (OCA) commencing on 31st December 2007 it was amended.1  By a series of amending enactments in 2010 and 20112 the OCA was "clarified"3 or amended, often as a reactionary consequence of VCAT decisions with which the state legislature disagreed, in regards to matters such as committee delegations of power,4 removal of the chairperson5 and owners' standing to bring legal proceedings.6

ACCAL Goes to New Zealand

Wednesday, 02 April 2014

The 9th Annual Conference of the Australian College of Community Association Lawyers (ACCAL) was held in Queenstown, New Zealand on 19th to 21st March 2014.

The recent decision of the Supreme Court in Boroondara City Council v 1045 Burke Road Pty Ltd [2014] VSC 127 (Supreme Court's Decision) reviewed the Tribunal's decision in 1045 Burke Rd Pty Ltd v Boroondara CC & Ors [2013] VCAT.

The Supreme Court of Appeal has agreed1 with the Supreme Court2 that a building order issued by the City of Melbourne requiring the practice of short term letting to cease within the Watergate Apartments was unlawful.

The Federal Government has announced the panel and final terms of reference for its 'root and branch' review of competition law, which will be called the 'Harper Review'.

In February 2014, a Full Bench of the Fair Work Commission (FWCFB) found that the Victorian Association for the Teaching of English (VATE) had not constructively dismissed its Executive Officer when it directed her to attend a meeting (with 2 days notice) about her poor performance and misconduct.

HWL Ebsworth Lawyers recently successfully assisted a client with an application to the Federal Court of Australia for the release of the ship "BULK PEACE" which had been arrested on 18 March 2014 on the application of Shagang Shipping Co Ltd.

The recent decision of Box v Moreland CC (Including Summary) (Red Dot) [2014] VCAT 246 (Box v Moreland CC) has applied the principle established in the Supreme Court decision of Benedetti v Moonee Valley City Council [2005] VSC 434 (Benedetti), finding that planning permits and conditions imposing restrictions on alterations to endorsed plans continue to have ongoing authority once development is complete.

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