The New Charter

R v Momcilovic [2010] VSCA 50 certainly merits a second break from my break from blogging. The most obvious reason is that it announces the very likely (but not certain) prospect of the first ever declaration of inconsistent interpretation under Charter s. 36: THE COURT OF APPEAL DECLARES THAT: Section 5 of the Drugs, Poisons and […]

A very Charter Christmas

It must be the silly season, because why else would The Age cover the Charter?: STUDENT squatters will try to use Victoria’s charter of human rights to stop their eviction from Melbourne University-owned buildings. The students — who have been occupying the Faraday Street terrace houses in Carlton for the past four months — were […]

Charter s. 39 vs tenants

The interaction between residential tenancy law and human rights law is a major issue, both here and in the UK. VCAT has already used the Charter to suggest a narrower reading of a provision of the Residential Tenancies Act that would allow eviction. But, in the UK, recent cases have suggested that the interpretation mandate […]

The Charter vs tenants

I’ve previously blogged about a secondary account of PILCH’s use of the Charter to (successfully) prevent the eviction of tenants by Victorian public authorities (or, at least, arguable public authorities.) The PILCH Homeless Person Legal Clinic relied primarily on this right: 13 A person has the right- (a) not to have his or her privacy, family, home or correspondence unlawfully […]

The Charter vs eviction

Hot on the heels of the major new Charter judgment by the Mental Health Review Board, another briefer Charter judgment has appeared on Austlii, showing that June wasn’t so quiet after all. Director of Housing v TP (Residential Tenancies) [2008] VCAT 1275 was brought down three weeks ago and is the Director of Housing’s second attempt […]