March 2018 Newsletter

The Principals and staff at Tisher Liner FC Law would like to extend their best wishes to you and your family for a joyous and safe Easter break.

To all our friends celebrating Passover or Orthodox Easter next week, we also hope you and your families have a happy and meaningful celebration over this special time.

Please note that our office will be closed from 5:30pm on Thursday 29 March 2018, re-opening at 9:00am on Tuesday 3 April 2018.

Our Experts in Practice

Phillip Leaman, Principal and Accredited Business Law Specialist, presented his expertise on Compulsory Acquisition and Compensation at the Legalwise Property Law Symposium on Wednesday 7 March at the RACV City Club in Melbourne. Phillip has acted for a substantial amount of compulsory acquisition matters on projects such as the East West Link, Level Crossing Removal Project, Sky rail, Melbourne Metro Rail Project, Dandenong to Caulfield Voluntary Purchase Scheme, council acquisitions for public open space and other projects. He has also has been involved in a substantial number of claims (acting on behalf of both sides) and claims at Land Use Victoria, Magistrates’ Court, County Court, Supreme Court and Court of Appeal for adverse possession and fence disputes.

Phillip discussed the key challenges and opportunities facing the industry today in a Q&A forum. Read the article here. The March 2018 issue of Traverse, the News Bulletin of The Institution of Surveyors Victoria also includes Phillip’s article ‘Adverse Possession – How to defend a claim’. To read the article click here.

Nafsika Starvaggi, Associate and Accredited Property Law Specialist, also presented at the Legalwise Property Symposium, sharing her expertise on Air Rights in Victoria. Air rights in property developments is an exciting and emerging area of property law. With Melbourne’s population booming and the density of housing increasing, air rights transactions will become more prevalent, as in New York and London.

To read more about Air Rights, click here.

Nafsika is also a finalist in the Lawyers Weekly 30 Under 30 Awards in the category of Construction and Real Estate. Now in its sixth year, the 30 Under 30 Awards program recognises young lawyers striving for professional excellence within their specific practice area.

Construction Contracts – High Court Upholds Adjudicator’s Determination

The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act).

The SOP Act, which has parallel legislation in all other Australian states and territories, provides for an adjudication process for claimed payments in the construction industry. Over the years, questions have arisen as to the scope of judicial review over the adjudicator’s’ determinations.

To read the full article click here.