Lovers’ Walk remains open to lovers everywhere
The Victorian Court of Appeal has held that a bluestone laneway in South Yarra is a public highway at common law
You may recall the 2016 case of Anderson v Stonnington City Council, where the Supreme Court of Victoria held that a bluestone laneway in South Yarra, Lovers' Walk, was a public highway at common law, and a ‘road’ for the purposes of the Road Management Act 2004 and Local Government Act 1989.
This decision of the trial judge was seen by many as a long-overdue affirmation of the rights of the public in roads, and one which shed much needed light on the myriad of legislative provisions that govern roads in Victoria. The Andersons, however, disagreed, and were quick to appeal the decision to the Victorian Supreme Court of Appeal.
Following a hearing where Maddocks acted on behalf of Stonnington, on 1 September 2017 the Court of Appeal handed down a strong judgment in support of Stonnington’s position. The decision holds many promising statements for councils seeking to protect the public assets that they administer, and is essential reading for any officer who deals with these issues on a day-to-day basis.
How does your council manage laneways open to public use on private land? Have all of your council’s roads been properly included on the Register of Public Roads?
Homebuyers, Housing Affordability and the Federal Election – What Developers need to know
By Nick Sparks & Lachlan Peavey
We summarise the incentives and concessions on offer for developers from both major parties ahead of the Election.
The importance of marketing – developer liable for misleading and deceptive conduct
We outline the impacts of a case where a developer had deceived purchasers by marketing an off-the-plan development...
Probuild and beyond: Insolvency issues for construction projects
By Sam Kingston
This article gives a high level summary of the issues that commonly arise and some relevant considerations.
Planning reform in Victoria – What is the current state of play?
By Guest Contributor, Eleni Roussos | Director, Urbis
Eleni Roussos, Director at Urbis, looks at the current state of play and what planning reforms will survive.