In this newsletter, we briefly refer to the general principles in connection with delegations and authorisations and then discuss two issues which commonly arise in the context of delegations, namely, the effect of a delegation following a change in office and the effect of a defective ...
Learn about the ownership of Victorian Government brands and the options for their registration as trade marks, domain names or business names. We will then consider the limits to protection against unauthorised use and the statutory framework for enforcement, including domain name disputes.
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 ss 28(1)(b) and (ba) of the Freedom of Information Act 1982 (the Act)
Examines the fundamental principles of delegation and bias with an overview of the duties and obligations of public officials when making decisions on behalf of others. We identify ways to avoid common pitfalls and provide practical examples of the standards to be applied.
Throws a spotlight on negligence claims against the police and explores the circumstances in which negligence can be pleaded against public officials, and the grounds on which such claims can be defended.
Reports on recent Supreme Court cases concerning validity of planning permit conditions, particularly in the context of referral authorities and development contributions levies. It also reports on VCAT cases on a range of other topics.
On 4 December 2007, the Victorian Court of Appeal dismissed each of the Department of Infrastructure's (DOI) grounds of complaint in an appeal where it had relied upon various Cabinet document exemptions, under s 28 (1) of the FOI Act, to refuse access to reports.
Decision makers need to be aware of the requirements of procedural fairness when making decisions which affect a person's rights or interest. This newsletter focuses on the 'hearing rule' principle.
Considers some of the issues facing public authorities when divisions 3 and 4 of the Charter commence on 1 January 2008, along with the remedies that are available under the Charter in respect of actions of public authorities.
The Government has introduced a Bill to make a number of operational changes to the FOI Act 1982, including the removal of FOI application fees and charges, increased public access to government information on the Internet and provisions regarding vexatious applicants.
When a property is sold consideration needs to be given as to whether the sale will be subject to GST. Jennifer McLean considers the differing views of the ATO & NSW Supreme Court and the implications for government agencies.
Proportionate liability legislation has implications for allocating risks under contracts and enforcing claims for damages. We review trends in the case law, current issues and policy concerns, and lessons for risk assessment and contract drafting.