Miguel Belmar

Profile

Miguel is an experienced Barrister who undertakes work in the following areas:

Common Law/Personal injuries

paperwork, advice, mediations and trials in matters arising from workplace accidents, transport accidents, public liability and intentional torts including police torts and institutional abuse matters. Also appeared in private inquiries concerning allegations of abuse/misconduct. Advised and appeared in Sentencing Act compensation applications. Advised and appeared in disputes concerning FOI requests, return of Subpoenas and discovery. Advised and appeared in Medical Panel matters both referrals and reviews. Advised and appeared in Institutional abuse damages matters.

Contract

disputes arising from commercial relationships and employment agreements, including partnership disputes and domestic disciplinary proceedings. Appeared and advised in matters concerning termination of employment.

Town Planning/Environment

appearing in VCAT hearings, Planning Panels, prosecutions and enforcement and compulsory acquisition. Advising and appearing for proponents and objectors as well as Responsible Authorities.

Mediation/ADR

Able to conduct mediations in his fields of practice.

Other Experience

Between May 2020 and November 2024 Miguel held appointment under the Local Government Act as an Administrator of the City of Casey. As a consequence he is fully conversant with the statutory duties and responsibilities of local Councils and Councillors pursuant to the Local Government Act including governance, financial reporting, conflict of interest and ethical obligations.

Selected Cases:

Public Law

MZZOG & Ors v Minister for Immigration [2014] FCCA 1901 – appeared for Appellants seeking judicial review of a decision of Refuge Review Tribunal on the ground of apprehended bias – matter remitted for rehearing.

Pallas v Roads Corporation (Review and Regulation) [2013] VCAT 1967 – FOI – appeared for applicant – working documents – trade or commerce – public interest – part documents released.

Hennessy v Minister Responsible for the Establishment of an Anti-Corruption Commission & Anor (Review and Regulation) [2013] VCAT 822 – FOI- appeared for applicant, cabinet documents, working documents, public interest. Tribunal ordered release of part of a document.

Christidis v Civil Aviation Safety Authority [2006] FCA 615 appeal concerning mutual recognition of aircraft pilot licences.

Neofotistou v Minister for Immigration and Multicultural Affairs [2005] FCA 919 (with Richard Niall) - Appeal concerning Migration Act and definition of spouse and continuing relationship.

Common Law

Instituitional abuse matters - have advised and appeared for parties in matters concerning allegations of institutional abuse.

Dick v State of Victoria - for plaintiff - Police Assault - proceeding under Victoria Police Act - allegations of assault, false imprisonment and malicious prosecution. Matter commenced after Plaintiff successfully defended multiple criminal charges in Magistrates' Court.

Hexter v State of Victoria - for plaintiff - Police Assault, multiple defendants to assault allegation, allegation of use of OC Spray, allegation of malicious pr osecution.

Vivoda v Kealy & Ors [2013] VCC 130 (with D. Hore-Lacy SC) Appeared for Plaintiff - Police Assault, self defence, malicious prosecution, one Police officer aiding and abetting another in bringing prosecution, general and aggravated damages awarded to plaintiff.

Svajcer v Woolworths Limited [2012] VCC 1496 - return of subpoena - resisted application for acces to documents in possession of DPP. No legitimate forensic purpose. Ruling upheld by Court of Appeal in Woolworths Ltd v Svajcer [2013] VSCA 123 

Duan v State of Victoria (County Court Jury Trial 2011) (with D. Hore Lacy SC) appeared for Plaintiff in claim for injury to vision arising from incident in school playground – damages awarded to Plaintiff.

Ucar v Nylex Industrial Products Pty Ltd  (2007) 17 VR 492: (with Jim Kennan SC) dealing with in-court observations by a Judge during a hearing and procedural fairness.

Casey C.C. v Kohn [2006] VSCA 82: (with Dyson Hore-Lacy SC) considers contributory negligence and the correct method for assessing interest on damages following a jury verdict.

Town Planning

Platinum King Investments Pty Ltd v Manningham CC (Red Dot) [2015] VCAT - with Nick Tweedie SC- Hearing on question of whether a Cultural Heritage Management Plan was required as part of application. Requirments of the Aboriginal Heritage Act and Aboriginal Heritage Regulations.

631 Orrong Road Pty Ltd v Stonnington CC [2015] VCAT - with Chris Townshend QC - Major Project - Townhouse development Toorak - Massing - Visual Bulk - Materials - Neighborhood Character - Overland flow path - Landscaping - Permit granted.

ITN Architects v Yarra CC & Anor [2014] VCAT - appeared for permit applicant - cafe licensed venue in residential zone - outdoor area hours of operation - traffc evidence - acoustic evidence - permit granted with extened hours of operation.

Telstra Corp v Cardinia SC [2014] VCAT 735 – appeared for applicant - Telecommunications facility – road zone – visual impact – permit granted.

Betheone Pty Ltd v Monash CC [2013] VCAT 1851 – appeared for permit applicant – loss of industrial land – traffic – parking – recreation in industrial land – permit granted for recreation facility.

The Hawksburn South Yarra Pty Ltd v Stonnington CC [2012] VCAT 990 (11 July 2012) with Chris Townshend SC amendment to existing planning permit, neighborhood activity centre.

Nepean Conservation Group Inc & Ors v Mornington Peninsula SC [2010] VCAT 336: successfully arguing that Trustee Company had standing to bring an application to subdivide land. At a separate hearing a permit to subdivide was granted by the Tribunal.

Airlie House Developments Pty Ltd v Port Phillip CC [2010] VCAT 78: (with Chris Townshend SC) obtaining amendment to a permit for a multi-storey residential/commercial building including illuminated signage.

Country Endeavours Pty Ltd v West Gippsland Catchment Management Authority [2010] VCAT 566: successfully resisting application to commence proceeding out of time seeking to set aside a works permit.

South Gippsland C54 (PSA) [2010] PPV 133 Planning Panel hearing concerning helicopter flight paths and landing areas near regional hospitals.

Winky Pop Pty Ltd v Hobsons Bay City Council (2007) 19 VR 492: (with Adrian Finanzio) setting aside a resolution of a local council to adopt a planning scheme amendment as a consequence of a finding of apprehended bias by a councillor.