Lawyers, Planners, Property Officers, Infrastructure Managers:
Does your practice touch on roads?
Does your asset portfolio include roads?
Recently, Victorian courts have handed down important judgments which you should know about:
Mayberry v Mornington Peninsula Shire (2019)
“It is surprising to find that Parliament has empowered a municipal council to declare a public highway over private land … with no provision for payment of compensation...”
Gray v Minister for Climate Change (2019)
“In Australia the position of the Crown in respect of unalienated Crown land is to be contrasted with that of other landowners in respect of the dedication of highways”
Pulitano v Mansfield Shire (2017)
“Council was required to comply with the requirements of procedural fairness and natural justice before it could pass a resolution removing Fridays Lane from the register.”
These recent cases build on earlier cases …
Anderson v City of Stonnington (2016)
“…the plaintiffs’ statement of claim sets out 248 alleged acts of nuisance emanating from the laneway.”
Calabro v City of Bayside (1999)
Indefeasibility? “I do not wish to suggest this is a satisfactory situation.”
Bass Coast Shire v King (1997)
“In determining whether a piece of land was a road within the meaning of the Local Government Act 1989, it was irrelevant whether the land assumed the physical characteristics of a road.”
In this workshop we will be examining:
- What happened in each of these cases, and why;
- How they illuminate the workings of the Road Management Act 2004, the Local Government Act 1989 and the Transfer of Land Act 1958;
- Their immediate implications for practitioners - especially municipalities;
- Their unfolding policy implications at a time of legislative reform.
CPD: This workshop qualifies for 3 points in the Substantive Law category.
We look forward to seeing you for this topical seminar.
If you have any questions regarding this event please email Tom via email email@example.com.