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Landlords’ ability to recover outgoings curtailed | Sam Hopper Barrister
https://samhopperbarrister.com/2015/05/01/landlords-ability-to-recover-outgoings-curtailed
Insolvency / managed investments schemes. Landlords’ ability to recover outgoings curtailed. May 1, 2015. Justice Garde, the President of VCAT, today handed down his advice to the Small Business Commissioner about the operation of s 251 of the. Building Act 1993 (Vic). And s 52 of the. Retail Leases Act 2003 (Vic). A copy of his Honour’s opinions and reasons are available here: Small Business Commissioner reference for advisory opinion (Building and Property) – [2015] VCAT 478. Lawyers acting for tenants...
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Jury Trial in an OHS matter – Steelfield | ohsbarrister
https://ohsbarrister.wordpress.com/2013/05/15/jury-trial-in-an-ohs-matter-steelfield
Just another WordPress.com site. Jury Trial in an OHS matter – Steelfield. I thought I would write a short blog about a trial in an OHS matter because these tend not to get a lot of press or reported in any court reports unless there is an appeal on a point of law. This case ran for 5 weeks in the County Court of Victoria starting in February this year. It resulted in an acquittal for all three defendants. Of the steel pieces and. Worksafe Victoria brought action against:. 1) Australand as the builder;.
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Landlord’s possessory lien over tenant’s goods | Sam Hopper Barrister
https://samhopperbarrister.com/2013/02/24/landlords-possessory-lien-over-tenants-goods
Insolvency / managed investments schemes. Landlord’s possessory lien over tenant’s goods. February 24, 2013. In an interesting recent decision, Garde J in the Victorian Supreme Court:. Confirmed that distress for rent remains abolished in Victoria, despite the repeal of the. Landlord and Tenant Act 1958. Found that a lien in a lease over goods left behind by a tenant is effective, provided that it crystallised after. Re-entry and termination of the lease. The landlord re-entered the premises and terminat...
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Sam Hopper Barrister | Category Archive | Insolvency / general
https://samhopperbarrister.com/category/insolvency-general
Insolvency / managed investments schemes. Archive Insolvency / general. RSS feed for this archive. Landlords’ ability to sue retail tenants’ guarantors at VCAT to be clarified. July 16, 2014. Do tenants still need mortgagee’s consent to lease in light of the Willmott decision? December 9, 2013. Willmott appeal dismissed – landlord’s Liquidators may disclaim leases. December 4, 2013. The High Court today found that Liquidators of a landlord company can use the disclaimer power in the Corporations Act to e...
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“CONTROL” and its impact on the harmonization laws – Baiada Poultry | ohsbarrister
https://ohsbarrister.wordpress.com/2012/05/24/control-and-its-impact-on-the-harmonization-laws-baiada-poultry
Just another WordPress.com site. CONTROL and its impact on the harmonization laws – Baiada Poultry. This recent piece in the Australian newspaper caught the attention of some people:. Workplace safety principles under attack. May 11, 2012 12:00AM. WHEN a judge refers to the behaviour of a prosecutor as conducing “persecution” rather than “prosecution”, this should be treated as a warning signal. And the more recent. Baiada Poultry Pty Ltd v The Queen. At trial Baiada had raised two defences:. However if ...
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Victorian Medical Panels and the High Court | ohsbarrister
https://ohsbarrister.wordpress.com/2013/05/15/victorian-medical-panels-and-the-high-court
Just another WordPress.com site. Victorian Medical Panels and the High Court. On Friday, 10 May 2013 the High Court granted special leave to the Victorian Workcover Authority to appeal a decision of the Victorian Supreme Court of Appeal in the matter of Wingfoot and Anor v Kocak. The Court of Appeal decision had held that:. And which the Court of Appeal said explicitly overruled the case of Pope and Walker. 2) secondly the Court of Appeal had said that a Medical Panel hearing an Accident Compensation Act.
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May | 2012 | ohsbarrister
https://ohsbarrister.wordpress.com/2012/05
Just another WordPress.com site. Archive May, 2012. CONTROL and its impact on the harmonization laws – Baiada Poultry. This recent piece in the Australian newspaper caught the attention of some people:. Workplace safety principles under attack. May 11, 2012 12:00AM. WHEN a judge refers to the behaviour of a prosecutor as conducing “persecution” rather than “prosecution”, this should be treated as a warning signal. And the more recent. Baiada Poultry Pty Ltd v The Queen. However if they were found to have...
ohsbarrister.wordpress.com
October | 2011 | ohsbarrister
https://ohsbarrister.wordpress.com/2011/10
Just another WordPress.com site. Archive October, 2011. NK Collins Industries Pty Ltd and Peter Vincent Twigg. NK Collins Industries Pty Ltd and Peter Vincent Twigg. This is a decision of the Industrial Court of Queensland comprised of President Hall given on 27 April 2010. It was an Occupational Health and Safety prosecution pursuant to the. Workplace Health and Safety Act. 1995 (Qld) arising out of an incident on 4 June 2007. The source of the risk emanates from:. Falling dead Cyprus trees and/or.
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July | 2012 | ohsbarrister
https://ohsbarrister.wordpress.com/2012/07
Just another WordPress.com site. Archive July, 2012. You can win an appeal and still have to pay costs! MG Mining Services v Worksafe [2012] VCC Dean J. This decision came down a little while ago – in fact in March 2012 and I have wondered whether to post about it because it may just be too small. In the end though it does raise a point which people are often wondering about when they appeal a sentence from the Magistrates Court – when will we get costs? Arushan is a Barrister at the Victorian Bar. H...
