In early January 2005, the Ballarat City Council approved a building project proposed by a bank to redevelop a building in the heritage precinct of Ballarat.  The redevelopment plans include a modern façade comprising a metal frame and sheets of low-reflective glass.   The development was to be undertaken in an area that is registered on the Australian Heritage Commission's Register of the National Estate as an area of national significance and is in contrast to the Victorian character of Ballarat which has been recognised by the World League of Historical Cities.

Concerned that the redevelopment is not sympathetic with its heritage surroundings, the Ballarat Citizens for Thoughtful Development Group appealed the grant of the permit by Ballarat City Council.

The matter was listed for 5 days at the Victorian Civil and Administrative Tribunal ('Tribunal'). The Tribunal heard evidence from two expert witnesses called by Ballarat Citizens for Thoughtful Development. Dr Robert Dean of counsel appeared on behalf of Ballarat Citizens for Thoughtful Development at the hearing, instructed by Phillips Fox who also accepted a referral from PILCH to act on the matter pro bono.

A decision from the Tribunal is pending.

Architects and pro bono

Architects for Peace is a not-for-profit organisation established in 2003 and incorporated in Victoria in 2004.  Today, it has groups throughout Australia and overseas.  Its members are planners, architects, urban designers, landscape architects, engineers, environmentalists, artists working in the public domain and students, with a common goal of seeking sustainable urban development based on social justice, solidarity, respect and peace.

In 2006, Architects for Peace is investigating the viability of assisting in the restoration of community buildings in Timor Leste and of assisting local Australian non-for-profit organisations with architectural services. 

Clayton Utz accepted a referral from PILCH to advise Architects for Peace on the options available to the organisation to best facilitate the provision of pro bono services by its members, taking into consideration potential exposure to professional and public liability insurance issues.

Retail lease

The Westvale Community Centre ('WCC') leased premises from its local Council.  The premises were used to provide services such as childcare at a reduced rate and WCC also operated a Neighbourhood House.  In 2005, the Council tried to evict WCC alleging a number of defaults.

In late 2005, WCC was granted an injunction by the Victorian Civil and Administrative Tribunal ('the Tribunal') on the basis that the lease agreement was subject to the protections of the Retail Leases Act (Vic) 2003 ('Retail Leases Act').

After subsequent negotiations between WCC and the Council regarding the lease failed, WCC agreed to vacate the premises. Despite this, the Council appealed the decision of the Tribunal to the Supreme Court of Victoria, and sought costs against WCC, challenging the Tribunal's determination that it had jurisdiction over these premises on the grounds WCC was charging fees - however small - for services to the local community from the premises.

Bill Rimmer of Counsel accepted a referral from PILCH to appear on behalf of the WCC in the Supreme Court hearing at short notice.  Solicitors from the firm Gary Needham & Associates, who had previously acted for WCC in the matter, agreed to continue acting on a pro bono basis.  Mr Rimmer submitted that the Tribunal correctly established that the premises were retail premises within the meaning of the definition of retail premises in section 4 of the Retail Leases Act.  Mr Rimmer presented substantive authority from the Victorian Supreme Court to support the submission.

Conversely, the Council submitted that the Tribunal erred in its decision that it had jurisdiction because it did not take into account the value of the rent and the non-commercial nature of the community services provided at the premises.   Mr Gerald Nash QC submitted that the word "retail" as used in section 4 necessarily included an element of intent to make a profit.  Further, as the charging of fees provided for in the lease was merely incidental to the main purpose expressed in the lease that WCC provide services for the local community, the predominant use under the terms of the lease was not providing services to the community for fees. 

The result of this case will have significant implications for community organisations concerning the parameters of the legal protections available to them as tenants. At the time of writing, the decision of the Supreme Court is yet to be handed down.

Advice on legal structure of organisation

Allens Arthur Robinson has accepted a referral to advise the Australian arm of the Dart Centre for Journalism and Trauma (the Dart Centre), which is currently an unincorporated entity  in Australia , about the most appropriate legal structure for the organisation.  The Dart Centre  Australasia is a branch of the international Dart Centre, based at the University of Washington, Seattle in the United States of America, and is a global network of journalists, journalism educators and health professionals who aim to improve media coverage of tragedy, trauma and conflict.

Environment protection

Maddocks accepted a referral to act for a Werribee community group opposed to a local council proposal to remove golden cypress trees which form a single row avenue into Werribee along the Princes Highway. The council has granted itself a permit to remove 9 of 16 trees, on the basis that the trees have heavy branches which may fall. The community group argues that the trees not only form part of Werribee's heritage, but provide a vista to the entrance of the city and are a noise buffer for housing adjacent to the highway. The community group has considerable community support, evidenced by over 1000 signatures to a petition and 63 letters of objection to the council permit. Both the community group and the council have obtained arborists' reports which suggest that with proper management, the trees have a life expectancy of up to 20 years. The community group is challenging the council permit at VCAT. The matter is fixed for hearing on 12 July 2024.

Public Transport Concession Card Action Group

Lander & Rogers has accepted a referral to assist the Public Transport Concession Card Action Group (PTCCAG).  The PTCCAG is a group of university students who are actively campaigning for international, postgraduate and part-time students to be eligible for tertiary concession cards for the Victorian Public Transport System.  Contrary to the position in many other states and territories of Australia, international, postgraduate and part-time students are ineligible for concession travel fares in Victoria. 

Lander & Rogers has agreed to advise the PTCCAG in relation to any bases on which it could lodge a complaint of discrimination on behalf of international, postgraduate and part-time students pursuant to the Equal Opportunity Act (Vic) 1995 or other relevant legislation.  Earlier this year, a similar claim by a New South Wales international student group was successful in the NSW Administrative Decisions Tribunal, which held that international students had been discriminated against on the ground of their race (in this case, their nationality) in the terms upon which they were provided with public transport services because they were charged higher fares than similarly placed people of Australian nationality. 

Advice regarding Deductible Gift Recipient status 

Arnold Bloch Leibler accepted a referral to advise Reprieve Australia Inc('Reprieve') on whether or not it qualifies for endorsement as a Deductible Gift Recipient ('DGR'). Reprieve is a not for profit organisation based in Victoria which provides legal and humanitarian assistance to impoverished people facing the death penalty around the world. Reprieve would like to apply for endorsement as a DGR in order to make the organisation more attractive to potential donors and to assist Reprieve's interns to attract funding to cover the costs of their internships overseas.

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