References

Supreme Court of Victoria

Associate Judges Court

Associate Judges’ Court: 436 Lonsdale Street, Melbourne, Vic 3000

Website: www.supremecourt.vic.gov.au

Registry:

  • Location: Level 2, 436 Lonsdale Street, Melbourne, Vic, 3000
  • Telephone: (03) 9603 6111

Judge: Associate Justice Mukhtar
Justice Mukhtar’s associate: Nigel Cooper

Judge: Associate Justice Zammit
Justice Zammit’s associate: Luisa McGrath

Reference: S CI 2012 03598, Waterfront Place, Property Law Act

“An application under s 84 of the Property Law Act 1958, to discharge the restrictive covenants contained in Instrument of Transfer Nos. W413729L, V074097S and PS344341D registered in the Land Titles Office in the Register Book and imposed upon the land more particularly described in Certificates of Title Volume 10612 Folio 922 and Volume 10330 Folio 311.”

Plaintiff

Waterfront Place Pty Ltd (ACN 123 231 390)

Defendants

1. Mirvac Victoria Pty Limited (ACN 006 708 363)
2. Mirvac (Beacon Cove) Pty Limited (ACN 066 913 497)
3. The T Group Pty Ltd (ACN 082 595 346)

Status

Latest orders dated 16 May 2013 provide the following milestones:

  • New Plaintiff affidavits: 11 Nov 2013
  • Objectors to decide whether to be joined: 9 Dec 2013
  • Completion of mediation: 31 Jan 2014
  • Defendants’ affidavits: 11 March 2014
  • Plaintiff’s affidavits: 15 Apr 2014
  • Directions hearing: 29 Apr 2014

Victorian Civil and Administrative Tribunal (VCAT)


Website: www.vcat.vic.gov.au
President: Justice Greg Garde

Administrative Division, Planning and Environment List
Head of List: Deputy President Heather Lambrick
Deputy Head of List: Senior Member Jeanette Rickards
Support desk: Boo Radley
Telephone: (03) 9628 9777
Facsimile: (03) 9628 9789
Email: boo.radley@justice.vic.gov.au
Email: vcat-admin@justice.vic.gov.au

References

Applicant
Waterfront Place Pty Ltd (ACN 123 231 390)
Respondents (P764/2013)
1. City of Port Phillip
2. Mirvac Victoria Pty Limited (ACN 006 708 363) and Mirvac (Beacon Cove) Pty Limited (ACN 066 913 497)
3. Benefitted owners of covenants

Status

Hearing (covenants): 7 October 2013.

City of Port Phillip

Website: www.portphillip.vic.gov.au
Contact: Jane Birmingham,
Coordinator Urban Planning – Port Melbourne, South Melbourne & Elwood

Contact: Jessica Christiansen,
Place Manager, Places and Projects

1. Application for Planning Permit: 1078/2012

An application “To remove or vary each of the following covenants:

  • 1-5 Waterfront Place (Lot 3):
    • The restrictive covenant contained in the Instrument of Transfer W413729L dated 15 November 1999
    • The restrictive covenant contained in Plan of Subdivision 344341D
  • 7 Waterfront Place (Lot 2):
    • The restrictive covenant contained in Instrument of Transfer V074097S dated 8 September 1997
    • The restrictive covenant contained in Plan of Subdivision 344341D

to allow the land to be used and developed in accordance with the Fender Katsilidis plans by including the following paragraph:
Provided that none of the foregoing restrictions are intended or shall they be construed as:
(a) preventing any external modifications to the building therein do not alter or affect the external appearance of any such building, or
(b) preventing the subdivision, use and development of any building generally in accordance with the Fender Katsilidis plans.

Status

Rejected by Council on 16 April 2013.
Referred to VCAT under Section 79. Expected to be heard in July/August 2013.

2. Application for Planning Permit: 1084/2012

An application “To consent or vary the use of the development from the Beacon Cove Concept Plan No 1 and Beacon Cove Precinct Plan No 1.”

Status

Rejected by Council on 16 April 2013.
Referred to VCAT under Section 149. Expected to be heard in July/August 2013.

Property Owner: Waterfront Place Pty Ltd

Holding Company: Waterfront Place Pty Ltd is owned by Action Group Australia, which is owned by Action Group Holdings Co (K.S.C.C) in Kuwait.
Website: www.actiongroupaustralia.com.au
Location: Level 50/101 Collins Street, Melbourne, Vic, 3000
Contact: Andrew Nehme, Managing Director, Action Group Australia

Contact (in rel to Planning Permit): Anna Barclay (Urbis)

Owner’s Solicitor: Rigby Cooke Lawyers

Website: www.rigbycooke.com.au
Location: Level 3, 469 La Trobe Street, Melbourne, Vic, 3000
Telephone: (03) 9321 7888
Facsimile: (03) 9321 7900
Partner: Rhodie Anderson

Senior Associate: Jessica Kaczmarek

Reference: REA:LMZ:20091213

Corporate Defendants: Mirvac

Two related entities are defendants to actions to remove covenants:

  • Mirvac Victoria Pty Ltd
  • Mirvac (Beacon Cove) Pty Ltd

They are represented by solicitor Norton Rose Australia:
Website: www.nortonrose.com
Location: Level 15, RACV Tower, 485 Bourke Street, Melbourne, Vic 3000
Partner: Sally Macindoe

Reference: 2541329

Corporate Defendant: The T-Group Pty Ltd

T-Group

The T-Group occupies the Port Melbourne Railway Station


Location: Level 8, 224 Queen Street, Melbourne, Vic 3000
Telephone: (03) 9670 7077

Objectors

Objectors at VCAT and the Supreme Court include:

  • landowners in Beacon Cove with registered covenants over properties at 1-11 Waterfront Place
  • landowners in Beacon Cove who claim a building scheme covenant

Several objectors in each category are represented at VCAT by solicitor Blackburn Lawyers:
Website: Blackburn Lawyers
Location: Warragul, VIC, 3820
Principal: Michelle Blackburn


Last updated: 30 Seo 2013 | Shortlink: http://wp.me/P3tOu9-iZ