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April 2021
Restrictive Covenants – their meaning, effect and removal
Restrictive covenants are where property law crosses with planning law. A planning permit may not be granted if it would authorise a breach of a restrictive covenant. Restrictive covenants may be ended or modified by planning permit or planning scheme amendment. Yet restrictive covenants are exceedingly complex to interpret. The Courts have said that subtle differences in wording or circumstances can significantly change the meaning of a covenant. In this workshop, you will learn how to interpret a restrictive covenant,…
Find out more »Section 173 Agreements – when, why and how?
Every year, thousands of section 173 Agreements are entered into and recorded against land titles. They are legal agreements affecting legal rights. They are authorised by legislation but have been described by the Tribunal as “a hybrid agreement”. Yet they are often drafted by non-lawyers. In this workshop, you will learn the broad principles of drafting and interpreting section 173 Agreements. When and how to use them and when not to use them. Presenter John Rantino, Partner, Maddocks Lawyers
Find out more »August 2021
Preparing for VCAT
Nearly all VCAT appearances require the drafting and presenting of a written submission. The submission is not the only part of advocacy but it is an important part. Drafting for VCAT involves more than writing a submission. Everything a planner writes can affect the outcome of a proceeding (including external correspondence, responses to referrals etc). In the case of an applicant for planning permit this includes the written application, responses to requests for further information, responses to objectors, the application…
Find out more »October 2021
Existing Use Rights
Existing use rights play an important role in town planning. They are protected by law and the planning schemes, yet they are imbued with uncertainty and complexity. When are they created? What is protected? When are they subject to the planning scheme? In this workshop, you will learn the broad principles of existing use rights and be able to identify when, how and how much they apply. Presenter: John Rantino, Special Counsel, Maddocks Lawyers
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