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Enforcement Matters

Russell Kennedy operates one of Victoria’s largest and most experienced compliance and enforcement legal teams. 

We advise over 50 local councils in Victoria, as well as many statutory authorities. We consistently achieve great results for our clients, dealing with breaches in relation to building, planning and environment, water law, public health, food, parking, road management, domestic animals and local laws.

Every day we also work with government agencies and regulatory authorities, at the state and national levels.

Some of our clients include Ahpra and its 15 national health practitioner boards; Architects Registration Board of Victoria; Victorian Disability Worker Commission; Office of the Victorian Information Commissioner; Greyhound Racing Victoria; Portable Long Service Leave Authority; Judicial Commission of Victoria; and Labour Hire Authority.

  • We specialise in investigations, prosecutions, enforcement hearings, disciplinary hearings and reviews of administrative decisions (merits and judicial review).
  • We advise government clients on the exercise of their powers, including interviewing, exercising powers of entry (with or without consent) and coercive powers. We understand not only how to interpret legislation, but also how exercising powers works in practice.We advise regulators on good administrative decision-making and have an excellent understanding of procedural fairness in the regulatory context.
  • We provide practical training and seminars to our clients’ personnel.
  • We often prepare handbooks, guidelines, template documents and scripts for our regulatory clients.
  • Our lawyers represent clients in various courts and tribunals including VCAT, the Magistrates’ Court and County Court.
To follow are interesting examples of some recent matters.

 

Your Russell Kennedy key contacts

Daniel Silfo

Daniel Silfo

Daniel has over a decade of experience in providing legal services to Local Government. Daniel has ...

Louisa Dicker

Louisa Dicker

Louisa is a well-known, respected and highly sought after prosecutor and legal adviser in local gove ...

Elizabeth Flanagan Profile

Elizabeth Flanagan

Elizabeth is a Principal at Russell Kennedy, working predominantly for local government clients. She ...

This edition includes the following matters

Rottweiler

Court Imposes Fine, Costs, Disqualification and Compensation After Fatal Dog Attack

Russell Kennedy represented Northern Grampians Shire Council. The Accused was charged with twelve breaches of the Domestic Animals Act 1994 (Vic) (Act ...

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Construction workers

$60,000.00 Court Penalty for Illegal Building Work in Council Prosecution

Russell Kennedy recently represented Port Phillip City Council (Council) in related prosecution proceedings against a construction company and its two ...

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Food Act Prosecution Enforcement Matters 360 x 240

From Inspection to Prosecution: How 155 Food Safety Breaches Led a Pizza Shop to Court

The Accused was charged with 155 breaches of the Food Act 1984 (Vic) (Food Act), namely: 1. breaches of the section 16(1) x 145 – for failure to ...

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Groundworks Café – investigation into ongoing non-compliance lays the groundwork for a significant penalty

Groundworks Café – investigation into ongoing non-compliance lays the groundwork for a significant penalty

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Planning Enforcement: Owner of land fined for tree being poisoned on their land

Planning Enforcement: Owner of land fined for tree being poisoned on their land

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Harnessing the teasing Defence – Domestic Animals Act

Harnessing the teasing Defence – Domestic Animals Act

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Fee and Penalty Units to Increase from 1 July 2025

Fee Units and Penalty Units will rise from 1 July 2025.

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Tropical Kingdom – a rodent paradise not under temperature control

The Accused, Tropical Kingdom Pty Ltd was charged with eleven breaches of the Food Act 1984 (Vic) (Act), namely: 1. breach of s ...

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Decision of a Magistrate to Destroy a Dog Appealed to the County Court

Russell Kennedy represented Monash City Council. The Accused was charged with two breaches of the Domestic Animals Act 1994 (Vic) ( ...

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Discretion under Part 8 of the Building Act 1993 (Vic): The Limits of the Building Appeals Board’s Jurisdictional Authority

Case Study: Richard O'Bryan and Oliver Da Silva v Municipal Building Surveyor for the Hepburn Shire Council [2024] (14 June 2024) T ...

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Swimming Pool and Spa Enforcement Update and Limitation Period for 1 June 2022 Certificates

Russell Kennedy continues to be busy assisting councils throughout Victoria to prosecute and obtain injunctions relating to swimming pool and spa rela ...

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Sovereign Citizen loses County Court Appeal

Monash City Council recently engaged Russell Kennedy to appear on behalf of council in a conviction and sentence appeal in the County Court.

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Environmental Consultant Fined for Breaches of the Water Act 1989 (Vic)

An environmental consulting firm was recently fined for constructing two water bores without authorisation. Russell Kennedy acted on behalf of Southe ...

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Injunction to ‘Stop the Music’ under the Environment Protection Act 2017

Russell Kennedy recently represented Casey City Council in application for an injunction in Dandenong Magistrates’ Court under the Environment P ...

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Recommended Amendments to the Building Regulations Regarding Swimming Pool and Spa Related Offences

In addition to our previous update about Swimming Pool and Spa Enforcement Russell Kennedy Lawyers continues to enforce swimming pool and spa related ...

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Construction 1

Building Appeals Board Upholds the General Rule that Each Party Bears its Own Costs

An applicant successfully appealed against Stonnington City Council, and then made a costs application of $60,428.81 against council, suggesting that ...

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Fee and Penalty Units to Increase from 1 July 2024

Fee Units and Penalty Units will rise from 1 July 2024.

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VCAT Confirms Restricted Breed Dog Standard in Victoria is Unworkable

Recently Russell Kennedy Lawyers were engaged by Glen Eira City Council (Council) in the matter of Musadeq v Glen Eira CC (Review and Regulation) [202 ...

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Swimming Pool and Spa Enforcement

Russell Kennedy Lawyers in 2023 were engaged by various Councils to prosecute hundreds of swimming pool and spa related offences under the Building Re ...

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No Building Permit for Multi-Level Extension

The Accused was charged with a breach of section 16(3) of the Building Act 1993 (Vic) (Act) for being the owner of the land and failing to ensure that ...

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