Since Lavan Legal was established in 2006, our lawyers have achieved numerous victories for our clients.  Lavan Legal successfully represents clients in a wide variety of matters including in litigation, insolvency, reconstruction, trade practices, competition law, construction, energy, resources, banking, finance, environment, industrial relations, mining and resources.  Listed below are some of our significant wins.



Lavan Legal wins approval for hotel restricted licence despite opposition
Footprints Preston Beach Hotel LC 04/2011 (2011)
Ian Curlewis, PartnerAlec Weston, Solicitor

Lavan Legal was successful in obtaining a hotel restricted licence for the Preston Beach Footprints Resort.  The application had been strongly opposed by local residents of Preston Beach and the local liquor store.

 

Click here for the full decision.




Lavan Legal successful at arbitration
National Tertiary Education Industry Union v Curtin University of Technology [2011] FWA 4044 (2011)
Ian Curlewis, Partner

Lavan Legal represented Curtin University against the National Tertiary Education Union in an arbitration at Fair Work Australia. The Union had alleged that the University was wrongly applying its Academic Workload Management System.  After an urgent hearing in which a number of witnesses gave evidence, the Commissioner dismissed the Union application in its entirety.




Lavan Legal successfully defends appeal
Water Corporation (2011)


Lavan Legal successfully defended the Water Corporation in proceedings in the Court of Appeal against Cardno Saraceni.  Cardno appealed a 2010 decision in which the Water Corporation obtained a substantial award of damages against Cardno for the installation of defective pipes.  The appeal was unanimously dismissed.




Lavan Legal successful at trial
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [2010] WASC 44 and [2011] WASC 74 (2011)
Iain Freeman, PartnerWayne Zappia, Partner

Representing Wright Prospecting, Lavan Legal was successful in a claim involving 25% interest on undeveloped jumbo iron ore body in Western Australia.  The matter is now on appeal.




Lavan Legal wins action against unlicensed litigation funder
International Litigation Partners Pte Ltd v Chameleon Mining NL & Ors [2011] NSWCA 50 (2011)
Joseph Abberton, Partner

Representing Cape Lambert Resources Limited, Lavan Legal was successful in an appeal to the New South Wales Court of Appeal.  The Court of Appeal found that the litigation funder was required to hold an Australian Financial Services Licence in order to provide litigation funding services.




Lavan Legal wins application against misleading union officials
Radisich v Molina & Ors (No.2) [2011] FMCA 66 (2011)
Ian Curlewis, PartnerMichael Jensen, Senior Associate

Representing the Office of the Australian Building and Construction Commissioner, Lavan Legal were successful in an application to the Federal Magistrate's Court.  The Court found that a union official and two unions had contravened the Workplace Relations Act by making false and misleading statements to workers on a construction site by representing to the workers that they were required by law to be members of the union to work on the site.

 

Click here for the full decision.




Lavan Legal prevails for Event Cinemas
Event Cinemas (2011)
Dan Mossenson, Emeritus PartnerJessica Patterson, Senior Associate

Approval was obtained by Lavan Legal in the face of strong opposition and intervention by health and other bodies for the trading privileges of the Gold Class special facility licence to be extended to include other parts of the Event Cinemas complex at Innaloo, including the addition of a new cafe and bar facility to be built there.   The case involved a protracted exchange of detailed written submissions and evidence between the parties.   The multi-faceted proposal was ultimately approved in a long and detailed decision of the Director of Liquor Licensing.




Lavan Legal obtains declarations in relation to mine-site operations
Process Minerals International Pty Ltd v Consolidated Minerals Pty Ltd [2010] WASC 266 (2010)
Mark MacLennan, Partner

Representing Process Minerals International Pty Ltd, a Mineral Resources Ltd subsidiary, Lavan Legal was successful in obtaining a number of declarations requiring Consolidated Minerals to conduct IT operations at its Woodie Woodie Mine Site in a particular way so as to facilitate Process Minerals’ Manganese re-processing operation at the same site.




Lavan Legal involved in the preparation of Jindee scheme amendment
Estates Development Corporation (2010)
Paul McQueen, PartnerCraig Wallace, Partner

Lavan Legal assisted in the preparation of a scheme amendment to insert a new planning scheme into the existing planning framework for the City of Wanneroo for the 120 hectare development in Jindee.  The scheme amendment provides an innovative planning framework which will allow for development to be assessed against contemporary town planning principles.  This type of scheme is the first of its kind in Western Australia.




Lavan Legal assists landowners to achieve significant uplift in compensation
Whitley & Other v WAPC (2010)
Paul McQueen, PartnerBrian McMurdo, Consultant

Lavan Legal assisted a group of landowners to achieve a significantly higher compensation payment ($10 million) than that first offered by the State ($2 million).




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