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Trespass v Adverse Possession

The owners of land abutting the Tullamarine Freeway sought damages in the Supreme Court of Victoria for trespass and the relocation of CityLink’s noise wall after it was discovered to be encroaching onto their land. Their case was largely unsuccessful due to the Limitation of Actions Act.

Nagpal v Global Cars Aus Pty Ltd

In this case, the applicants sought certain declaratory and other relief which was, in substance, an application to the Federal Court to overturn orders made by the World Intellectual Property Organization (WIPO) in relation to a dispute in connection with the domain name “cars24.com.au” (Domain Name). The respondents challenged the jurisdiction of the Federal Court to grant the relief sought by the applicants, and filed an interlocutory application seeking dismissal of the proceeding.

COVID-19 relief (in particular, as to possession orders) within the Residential Tenancies Act 1997 (Vic)

The Court of Appeal has considered the scope of the COVID-19 protections introduced to the Residential Tenancies Act 1997 (Vic) – in particular, the interaction between the deeming provisions (by which certain breaches of leases were deemed not to be breaches during the period of COVID-19) and the regime by which VCAT could make a possession order in respect of residential property. The Court of Appeal found that landlords were not, if rental was not paid during the extended period of the COVID-19 protection legislation because of a “COVID-19 reason”, entitled to a possession order against a residential tenant.