Supreme Court

Beginners Guide to Legal Cost Disputes (Part Three):

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1. Specific cost orders: a. Costs in the cause are awarded to whoever gets the costs of the proceedings. b. Costs reserved refers to the question of who pays the costs is left to be decided at a later date. c. Often, a final order or terms of settlement will specifically include reserved costs as part of the costs order; d. Cost court can make an order for reserved costs if no earlier order is made. e. Costs in any … Continued

Beginners Guide to Legal Cost Disputes (Part Two):

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Types of Taxation Between Parties: 1. The party/party basis is defined as: a. Unless otherwise ordered, the default basis of taxation costs are to be allowed on a party/party basis. Therefore, if the order simply awards costs without specifying the basis of taxation, costs are to be taxed as between party and party; b. All costs necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed are … Continued

Beginners Guide to Legal Cost Disputes (Part One):

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The issue of costs is central to all forms of legal practice. The law of costs represents an amalgam of several areas of substantive law; namely the law of contract, law of equity and it’s principles along with a fundamental reliance on statute and statutory courts. Legislation for costs in Victoria: Supreme Court (General Civil Procedure) Rules 2005 (Order 62 And 63); Legal Profession Uniform Law Application Act Legal Practitioner’s (professional costs) cost is the price for legal services and … Continued

Beginners Guide to Covenant Law (Part Three)

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As an alternative a restrictive covenant can be removed or varied by amending the planning scheme under Part 3 of the Planning and Environment Act 1987 (“The Act”) pursuant to the schedule to Clause 52.02 of the planning scheme. • A planning scheme amendment can be requested by anyone but needs to be prepared by the municipal council with the approval of the Minister for Planning. • pursuant to section 47(1) and subject to some conditions set out in section … Continued

Beginners Guide to Covenant Law (Part Two)

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Process for a s84 application to vary or remove a restrictive covenant. Ordinarily, s84(1)(c) provides the broadest scope to modify or remove a covenant where discretion and is the only ground required. Property Law Act ss84(1)(a) and (c): The Court shall have power … to discharge or modify any such restriction (subject or not to the payment by the applicant of compensation to any person suffering loss in consequence of the order) upon being satisfied: • that by reason of … Continued

Beginners Guide to Covenant Law (Part One)

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Important concepts about restrictive covenants Covenants can vary in coverage • You must provide the Court with evidence about who enjoys the benefit and the burden of the covenant through a colour coded cadastral plan obtained from a professional title searching service along with the essential circumstances of the application. • Sometimes only one lot is burdened and one lot benefits. Sometimes there may be many lots burdened and many lots benefiting. • In new housing estates it is common … Continued