Latest CPD Papers & News From The Barristers Blog
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.
On 23 July 2004 at about 4.55 a.m. a nine month old infant girl by the name of Venice Kowalcyzk was brought to the Royal Childrens’ Hospital Emergency Department by her parents. At that time they said that she was uncharacteristically miserable and spiked a fever of over 39 degree, was coughing and seemed unwell. Her father asked if she could be tested for meningococcal and was told by the resident medical officer that Venice was not so unwell that warranted such a test. Venice was given Panadol and Nurofen and then at around 7.30 or 8.00 a.m. her parents were told that they should go home and try to collect a urine sample from her. During this time Venice had been prepped to have blood cultures taken. These were not ever taken however.
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.
Lawyers acting for landlords of non-retail premises where the proposed lease term exceeds 3 years need to seriously consider whether to register the lease. This is one of the consequences of the Court of Appeal’s decision in Cooma Clothing Pty Ltd v Create Invest Develop Pty Ltd  VSCA 106. If the lease is not registered, the term of the lease is assigned and the landlord is not a party to the assignment document, the assignee of the term will have the benefit of the contract but be excused from the burden of the contract.
The High Court yesterday granted special leave to appeal the Court of Appeal’s decision in Willmott Forests Ltd (Receivers and Managers appointed)(in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc  VSCA 202.
Associate Justice Zammit of the Supreme Court of Victoria today determined an application for leave to appeal from VCAT on a question of law under section 148 of the VCAT Act.
Justice Judd of the Supreme Court of Victoria this week handed down a decision about whether an amendment to a plan of subdivision materially affected a lot, entitling the purchaser to rescind the contract and have the deposit repaid from the vendor (see Lockwood v PSP Investments P/L  VSC 10).
The third edition of The Mortgagee's Power of Sale by Robert Hay and Justice Croft was launched last night at the Supreme Court of Victoria by The Chief Justice Marilyn Warren AC.
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