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Compulsory Acquisition Update – North East Link Project
Natasha Ozolins
The compulsory acquisition process is now well underway for the North East Link Project with Notices of Intention to Acquire and Notices of Acquisition having now been served on some properties impacted by the Project. In addition, early construction has commenced with the Authority’s contractors…
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Compulsory Acquisition Update on Yan Yean Road Duplication – Stage 2
Major Road Projects Victoria (“MRPV”) is undertaking planning works for the design development of the Yan Yean Road Duplication – Stage 2 Project which will involve the compulsory acquisition of land required for the Project. We understand that MRPV is currently serving potentially affected landowners…
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Hall Road & Western Port Highway Upgrade Compulsory Acquisition Update
Natasha Ozolins
The Victorian and Federal Governments have committed funding for the Hall Road and Western Port Highway Upgrade which will include compulsory acquisitions for properties affected on 5.2km of Hall Road between McCormicks Road and Cranbourne-Frankston Road together with upgrading two Western Port Highway roundabouts to…
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Narre Warren North Road Upgrade Compulsory Acquisition Update
Natasha Ozolins
Both the Victorian and Federal Governments have committed funding to upgrade Narre Warren North Road between Fox Road and Belgrave-Hallam Road, and the compulsory acquisition process is expected to commence soon. The Project will add an extra lane in each direction of Narre Warren North…
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Legal tips for Chinese businesspeople in Australia
Shixian Zhang
Topic 1: Goodwill and Sale of Business China » Goodwill is not a foreign concept for China. As defined in the Contemporary Chinese Dictionary (Xian Dai Han Yu Ci Dian), goodwill means the reputation of a business in Chinese, the same meaning as in English.…
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Wallan Area Network Improvement Project Update
Natasha Ozolins
The Department of Transport ('the Authority') has announced it has prepared a draft Planning Scheme Amendment for the Wallan Area Network Improvement Project which will lead to compulsory acquisitions. In the majority of cases, the Authority is not able to compulsorily acquire land until a…
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Barwon Heads Road Project Update
Natasha Ozolins
On 26 October 2020, Premier Daniel Andrews declared in the Victoria Government Gazette that the Barwon Heads Road Project was a declared project for the purpose of the Major Transport Projects Facilitation Act 2009 (VIC), opening the way for compulsory acquisitions in the area. The…
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Phillip Island Road Upgrade Update
Natasha Ozolins
The Victorian Government has now funded a Planning Scheme Amendment for the application of a Public Acquisition Overlay (“PAO”) to reserve land to allow for compulsory acquisitions for the Phillip Island Road Upgrade Project by Regional Roads Victoria (“the Authority”). In the majority of cases,…
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Essential safety measures – recoverable outgoings or smoke and mirrors?
Rob Bradley
The Retail Leases Amendment Act 2020 clarifies the entitlement of landlords to recover from tenants the costs of installation, repair and maintenance of essential safety measures (ESMs). These changes apply to new and existing leases, however, the landlord cannot recover ESM costs incurred before the…
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Changes to the Retail Leases Act
Sarah Ward
The Retail Leases Amendment Act 2020 (Vic) came into effect on 23 September 2020 (except for Division 2 of Part 3). This Act changes the obligations of landlords and tenants of retail leases. Changes have been made to the provisions relating to: Essential Safety Measures: A…
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Proposed new family violence legislation for NSW: Coercive Control
Georgia Agar
The NSW opposition leader has proposed Australia's first coercive control legislation in an attempt to criminalize the behaviour that often surrounds domestic violence acts. Coercive control legislation was recently implemented in the UK and Scotland and has already seen excellent results. Coercive control is sometimes…
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Property Law Update » September 2020
Julie Maxfield
Below is a summary of issues related to Property Law in Victoria for September 2020. Foreign Investment Review From 29 March 2020, all monetary screening thresholds for any foreign investment have been temporarily reduced to $0. The Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations…
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Can an unrelated member of the household make a family provision claim against a person’s estate?
Linda Hart
The recent Victorian case of Re Meuleman; Quminakelo v Amidzic [2020] VSC 376 considered what it means to be a member of the household in a contested will case. The deceased died in 2017, leaving a Will dated 13 March 2008, and left no provision…
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The millionaire, the daughter and the crossbow (Joss v Joss)
Jack Conway
A recent Supreme Court case[1] saw the daughter of a wealthy conservative Jewish businessman successfully suing his estate for $3.225 million, around a quarter of the $12.4 million estate, after the daughter was left out of the will. The award was made despite the daughter…
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Yan Yean Road Upgrade – Stage 2 Update
Natasha Ozolins
An important phase in the Yan Yean Road Upgrade – Stage 2 Project has just commenced, with the Environment Effects Statement (EES) having been released. The EES is now on public exhibition until 5pm on Friday, 9 October 2020. The EES for the Yan Yean…
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