Recent projects

The VGSO is involved in many significant projects that extend across wide-ranging areas of law. Committed to working in the public interest, the VGSO has a unique role in helping formulate policies, implement decisions and administer public services.

Planning & environment

From 2005 to 2007, the VGSO managed proceedings regarding the proposed development of an Aboriginal coastal site, near Portland. The development decision by Glenelg Shire Council was to affect the Convincing Ground, an Aboriginal place at which the first recorded massacre in Victoria of Aboriginal people occurred.

Working alongside the Minister for Aboriginal Affairs, VGSO solicitors enabled the Minister for Planning to prepare a new development plan for the land, one that sought to protect Aboriginal cultural heritage and coastal environment values.

The proceedings affecting the owners of one of the two land parcels have now settled. Those owners have agreed to not act on the permit granted by the Glenelg Council, and to seek new permits to develop in accordance with the new plan. Settlement negotiations affecting the owners of the other land parcel are continuing.

Native Title

In a historically significant decision, the VGSO was involved in the first consent determination to recognise native title rights in Victoria. This was a determination under Australian law, formulated to recognise the existence of the traditional laws and customs that underpin native title.

The determination resolved the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk People’s rights, a recognition that until quite recently was thought of as impossible. The agreements provide practical benefits to the native title holders, and regulate the use of land in the determination area.

The case was notable for resolving the issues through mediation and consensus, rather than through an adversarial process.

The Court hearing was held at Horseshoe Bend along the banks of the Wimmera River near Dimboola, in an area subject to the positive native title determination. The hearing was attended by the native title applicants, members of the broader indigenous community, members of the legal fraternity, State politicians and the media.

WorkChoices

Led by Principal Solicitor Alison O’Brien, a team of six VGSO solicitors were involved in the high profile WorkChoices case. The longest-running High Court case to date, the matter involved challenges to the new workplace relations system under the new Workplace Relations Act 2006.

Although the Act was found in parts to be trespassing upon essential functions of the States, the legislation was upheld as valid by the High Court.

Ultimately, the case highlighted the balance of power between federal and state governments, and issues far beyond industrial relations laws.