News
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10 September 2009
Whistleblowing in the Victorian Public Sector - Seminar Presentation
Presented by John Cain, Victorian Government Solicitor and Dallas Mischkulnig, Director, Investigations, Ombudsman Victoria, our July seminar discussed the Whistleblower's Protection Act. Dallas gave an overview of the Whistleblower's Protection Act and the role of the Ombudsman's office. John followed up with discussion of the issues facing agencies when confronted with a whistleblower investigation.
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8 September 2009
Part 1—Mental Illness, Suicide and Duty of Care: A Discussion of the Recent High Court case of Stuart v Kirkland-Veenstra
Part 2—Dealing with the Media and Avoiding Sub Judice ContemptThe first part of the seminar discussed the law relating to the imposition of a common law duty of care to exercise discretionary statutory powers.
Read a recent newsletter discussing the case.
Speaker notes from the June 2009 seminar.
The second part of the seminar discussed the branch of contempt that deals with public statements about a case before the courts.
Read our latest newsletter about Sub Judice Contempt. -
13 July 2009
Central Pacific Holdings Pty Ltd (First Plaintiff) and Southern Cross Properties Pty Ltd (Second Plaintiff) v State of Victoria (Defendant)
This newsletter discusses a recent case in the Supreme Court of Victoria in Central Pacific Holdings Pty Ltd & Anor v State of Victoria [2009] VSC 230. Justice Davies had to decide the meaning of the construction of a contractual term under Contract of Sale of Land which permitted a grant of indemnity to land tax and whether it extended to a Related Body Corporate that was not a purchaser under the Contract of Sale.
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25 June 2009
Managing the Risk of Sub Judice Contempt
The VGSO is often asked to advise on when it is permissible and appropriate for government to publish information relating to legal proceedings and the content of such publications. In this newsletter, we consider the nature of the common law offence of sub judice contempt and the perennial issue of how government can avoid it.
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1 May 2009
High Court Decision - Stuart v Kirkland-Veenstra [2009] HCA 15
The recent High Court decision in Stuart v Kirkland-Veenstra, handed down on 22 April 2009, casts an illuminating spotlight on the powers of Victoria Police in its dealings with the mentally ill and those at risk of self-harm. It also underscores that at common law there is no general duty to rescue.
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1 May 2009
Contract - Probity and Procurement in Government Seminar- Additional Resources
At our April seminar, Sue Nolen, Assistant Victorian Government Solicitor and Andrea Hassett, Director of O'Connor, Marsden & Associates discussed probity and procurement in Government and what it means for the tender process. Also provided was an overview on what probity requires and the potential risks and legal liabilities that can arise for government agencies as well as practical guidance on managing the tender process effectively.
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26 March 2009
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 (12 February 2009)
This newsletter considers a recent High Court decision where the Court upheld a landlord’s substantial damages claim against a tenant for breach of the covenant not to make substantial alterations to the leased premises without consent.
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26 February 2009
Legal Professional Privilege and Government - Seminar Presentation Notes
This seminar discussed some key recent privilege cases (including independence for government lawyers) and a lawyer's duty of confidentiality. Presented by VGSO's Natalie Blok and Dr Rebecca French.
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14 January 2009
Recent Case decided in Victorian Supreme Court
In a recent decision, the Victorian Court of Appeal found that a breach of confidence claim can give rise to compensatory relief where the plaintiff suffers distress and humiliation but suffers no other loss. The court also considered whether a tort of invasion of privacy should be recognised in Australia, though did not draw any firm conclusions on this point.
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15 December 2008
Just give me one good reason...
In this newsletter, we examine the administrative and planning law issues in the Court of Appeal's recent ruling on the Hilton Hotel case, including the pitfalls for decision makers in how they express the reasons for their decisions.
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December 2008
Green Buildings and Green Leases - Client Newsletter
The Victorian government is committed to managing environment issues when it leases buildings and has developed ‘Green Lease Provisions’ to be incorporated into government leases.
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December 2008
The Buttigieg gig: Administrative Law and its Impact on Government
Stuart Morris QC was the President of the Victorian Civil and Administrative Tribunal and a Supreme Court judge between April 2003 and May 2007. During his term as President, he oversaw substantial changes in the operation of the Tribunal. In the speech notes from this November seminar, Mr Morris shares with us his views on the impact of administrative law on the operation of decision making at the state government level.
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December 2008
Freedom of Information and the Cabinet documents exemption - David Davis MP v Department of Justice
The Victorian and Civil Administrative Tribunal (VCAT) has affirmed a decision of the Department of Justice in relation to the application of the Cabinet documents exemption in ss28(1)(b) and (ba) of the FOI Act, which is analysed further in this newsletter.
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November 2008
Section 33 of the FOI Act and the ‘world at large’ principle — Victoria Police v Marke
On 5 November 2008, the Court of Appeal handed down its judgment in the matter of Victoria Police v Marke [2008] VSCA 218. The Court constituted by Maxwell P, Weinberg JA and Pagone AJA. This matter involves the interpretation of s 33(1) of the Freedom of Information Act 1982.
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August 2008
The Family Violence Protection Act 2008
This newsletter examines The Family Violence Protection Act 2008 which replaced the system of family violence intervention orders established by the Crimes (Family Violence) Act 1987 for family members.
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August 2008
Natural justice and disciplinary proceedings following Byrne v Marles
This newsletter covers the Court of Appeal's decision in Byrne v Marles & Anor [2008] VSC 78 (16 May 2008), in which the Legal Services Commissioner was required to give legal practitioners an opportunity to make submissions as to whether she should commence a disciplinary inquiry under the Legal Profession Act 2004 (Act).
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August 2008
What is "amenity"?
In this newsletter we examine ‘amenity’ under planning law. We state what it is and what aspects of amenity can and cannot be considered in decision making. We then consider the implications of the Court of Appeal’s recent decision in Macedon Ranges Shire Council v Romsey Hotel Pty Ltd
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August 2008
Osland - making public comments about legal advice
In this newsletter we provide an overview of the recent High Court decision in Osland v Secretary to the Department of Justice [2008] HCA 37 (Osland) and some practical advice regarding legal professional privilege (LPP) and the public interest override power under the Freedom of Information Act 1982 (FOI Act).
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June 2008
Use of Memoranda of Understanding by Government
A Memorandum of Understanding (MOU) can be an effective and flexible tool for documenting the common intent of two or more government parties or between government and non-government parties. This newsletter explores when to use an MOU rather than a contract, and issues to consider when drafting the MOU.
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May 2008
Professional Standards
In this newsletter, the national framework of professional standards legislation and the application of the Professional Standards Act 2003 (Vic) are in the spotlight. We explore the features of Victorian schemes and the implications for government agencies.
Court of Appeal ruling on Legal Professional Privilege & FOI Public Interest Override in Osland
"The decision of the Court of Appeal emphasised that it will only be in very exceptional circumstances that the public interest override will apply, so that documents subject to an exemption under FOI must nevertheless be released. The decision also thoroughly analyses the issues relating to waiver of LPP. In some case, as here, the conclusions of legal advice may be revealed publicly, without causing LPP to be waived..."
