9 May 2013: As of today the developer’s Supreme Court of Victoria action (S CI 2012 03598) is current, with the latest orders being dated 11 Feb 2013. It’s apparent that the timings in these orders create conflicts with the timing of the application to the Victorian Civil and Administrative Tribunal (VCAT), which is not expected to be heard until July/August 2013.
The Supreme Court orders state that (inter alia):
2. On or before 13 May 2013 the Plaintiff (Waterfront Place Pty Ltd) must :
2(a) ”file and serve upon the Defendants (Mirvac Victoria Pty Limited anor) any further affidavit material upon which it intends to rely; and
2(b) “give notice in writing to each of the objectors … to the effect that:
2(b)i. the Plaintiff has prepared further affidavit material in accordance with order 2(a) above; and
2(b)ii. upon written request made by any objector … to the solicitor for the Plaintiff (Rigby Cooke Lawyers) the Plaintiff must provide complete copies of all further affidavit material upon which the Plaintiff proposes to rely.”
3. ”On or before 11 June 2013, an objector … who seeks to be joined as a party to this proceeding must file a notice of appearance in the Court and serve copy on the solicitor for the Plaintiff.”
4. ”The proceeding shall be referred to mediation, such mediation to be conducted by a person to be agreed between the parties and completed by 16 August 2013.”
5. ”The Defendants shall file and serve any affidavits including statements of expert evidence on which they intend to rely by 16 September 2013.”
6. ”The Plaintiff shall file and serve any affidavits in reply on which it intends to rely by 14 October 2013.”
8. ”The proceeding is set down for further directions on 21 October 2013 in Associate Judges’ Court 2, Ground Floor, 436 Lonsdale Street, Melbourne at 10.30am”.
We have now formally advised VCAT of the situation and provided them with a copy of the Court orders.