Jason practises in the broad areas of administrative law and commercial law. Some cases in which he has been involved are referred to below.
Appeals
- The People of the Small Town of Hawkesdale Incorporated v Minister for Planning [2022] VSCA 167 (standing of an incorporated association to bring a judicial review proceeding; whether a decision to extend a planning permit had been validly made);
- Mount Atkinson Holdings Pty Ltd v Landfill Operations Pty Ltd [2020] VSCA 332 (works approval to extend the largest landfill in Victoria, whether trial judge should have held that the VCAT failed to decide buffer-related issues properly);
- Maguire v Parks Victoria [2020] VSCA 172 (whether the Applicant had standing to challenge the decision made by Parks Victoria to implement a new technique to manage feral horses in the Alpine National Park);
- Mirboo Ridge Pty Ltd v Minister for Resources [2019] VSCA 304 (scope of statutory moratorium on hydraulic fracturing);
- Waterfront Place Pty Ltd v Minister for Planning [2019] VSCA 156 (whether a Ministerial “call in” notice had been given no later than seven days before the VCAT hearing date);
- Environment Protection Authority v Ileowl [2017] VSC 625 (VCAT appeal, jurisdiction of the VCAT under the Planning and Environment Act 1987);
- Swan v Uecker (2016) 50 VR 74 (VCAT appeal, whether a tenant had sublet an apartment by allowing Airbnb guests to stay at the apartment by themselves);
Building and Construction cases
- Jemena Northern Gas Pipeline Pty Ltd v Civmec Constructions & Engineering Pty Ltd and Smith [2019] NTSC 52 (whether there was a payment dispute under the Construction Contracts (Security of Payments) Act 2004 (NT);
- Carson v Turner & Ors [2019] VSC 427 (whether the Building Appeals Board could dispose of an appeal on the basis that it was an abuse of process, and whether that Board erred in not disposing of the appeal on that basis);
- Cremorne Commercial No 1 Pty Ltd v Prince [2017] VSC 714 (application for stay of an emergency works order);
- Colonial Range Pty Ltd v CES Queen (Vic) Pty Ltd [2017] VSC 256 (judicial review of the Building Appeals Board’s decision to vary the local council's consent to the erection of a gantry);
- Colonial Range Pty Ltd v CES Queen (Vic) Pty Ltd [2017] VSC 317 (judicial review of the Building Appeals Board’s decision to affirm a building surveyor's protection works determination);
Commercial cases
- Colonial Range Pty Ltd v CES-Queen (Vic) Pty Ltd [2016] VSC 494 (whether a contract of insurance met the requirements of section 93 of the Building Act 1993);
Compulsory acquisition and valuation cases
- Kingston v Head, Transport for Victoria; Jomaring Pty Ltd v Head, Transport for Victoria [2023] VSC 618 (compulsory acquisition of land, whether the payment of compensation under the Town and Country Planning Act 1961 triggered the operation of section 41(5) of the Land Acquisition and Compensation Act 1986, calculation of the "prescribed amount" under section 41(7) of that Act);
- Hermal Timber Nominees Pty Ltd v Head, Transport for Victoria (compulsory acquisition of land for the purposes of the Mordialloc Bypass, scope and operation of "the disregard" in section 43(1)(a) of the Land Acquisition and Compensation Act 1986, matter in the Supreme Court of Victoria settled on 11 May 2023 after the case had been opened by both parties);
- Port of Melbourne Corporation v Melbourne CC [2015] VSC 714 (valuation of the Port of Melbourne);
Disciplinary/regulatory cases
- Medical Board of Australia v Sami [2022] VSC 90 (proper interpretation of the “immediate action” provision of the National Law);
- Cuvegen v Secretary to the Department of Education and Training [2021] VSC 524 (judicial review of a decision to suspend the Plaintiff teacher without pay);
- Joubert v Medical Board of Australia [2021] VCAT 915 (review of decision to suspend the Applicant's registration as a medical practitioner);
- Municipal Association of Victoria v Victorian WorkCover Authority [2021] VSC 128 (judicial review of the Defendant's decision to refuse the Plaintiff's application to be re-approved as a self-insurer);
- Gerstman v Medical Board of Australia [2020] VCAT 1367 (review of decision to impose a gender-based restriction on the Applicant's registration as a medical practitioner);
- Vo v Medical Board of Australia [2020] VCAT 1072 (review of decision to suspend the Applicant's registration as a medical practitioner);
- CDC Clinics Pty Ltd v Health Complaints Commissioner [2020] VSC 597 (judicial review of prohibition orders made by the Respondent Commissioner);
- Milky v Medical Board of Australia [2019] VCAT 1780 (application for a stay of the Respondent’s decision to suspend the Applicant’s registration as a medical practitioner);
- Argyrou v Victorian Building Authority [2019] VSC 721 (application for an interlocutory injunction to restrain the Authority from conducting disciplinary proceedings);
- Medical Board of Australia v Kemp (2018) 56 VR 51 (whether “medical privilege” may be claimed in a VCAT disciplinary proceeding);
FOI cases
- Secretary, Department of Prime Minister and Cabinet v Summers [2019] AATA 5537 (FOI request for letters written by Australian Prime Ministers to the Queen);
- Colonial Range Pty Ltd v Victorian Building Authority [2017] VCAT 1198 (whether a document was in the actual or constructive possession of the Respondent);
- Attorney-General v Honourable Mark Dreyfus (2016) 242 FCR 472 (whether the AAT erred in concluding that no "practical refusal reason" existed in relation to the Respondent's request seeking access to parts of the Attorney-General's electronic diary);
Human rights cases
- Loielo v Giles [2020] VSC 722 (successful defence of the curfew that had been imposed by a direction made by the Defendant under the Public Health and Wellbeing Act 2008);
- Bare v Independent Broad-Based Anti-Corruption Commission (2015) 48 VR 129 (in which the Appellant alleged that the decisions not to investigate his complaint of mistreatment by Victoria Police officers were unlawful and incompatible with his human rights);
Information privacy cases
- Jurecek v Director, Transport Safety Victoria [2016] VSC 285 (successfully defended the VCAT's decision that the Respondent's collection of information from the Applicant's Facebook page did not involve a contravention of IPP 1);
Planning, environment and heritage cases
- Australian Brumby Alliance Inc v Parks Victoria [2023] VSC 26 (challenge to Parks Victoria's program of shooting feral horses in the Alpine National Park);
- Environment Victoria v AGL Loy Yang [2022] VSC 814 (challenge to the EPA's decision to amend licences issued under the Environment Protection Act 1970);
- Acting for the Minister for Planning in the hearing of the Distinctive Areas and Landscapes Standing Advisory Committee concerning the Bellarine Peninsula Statement of Planning Policy (April to June 2022);
- The People of the Small Town of Hawkesdale Incorporated v Minister for Planning [2021] VSC 510 (successfully defended a challenge to the Minister's decision to extend a planning permit for a wind farm);
- WOTCH Inc v VicForests (No 6) [2020] VSC 674 (standing of environmental group to seek injunctive and declaratory relief in respect of forest coupes beyond the Central Highlands);
- Maguire v Parks Victoria [2020] VSC 303 (application for declaratory and injunctive relief in relation to a decision to implement a new technique to manage feral horses in the Alpine National Park);
- Melton CC v Landfill Operations Pty Ltd [2019] VCAT 882 (works approval to extend a landfill at Ravenhall);
- Australian Society for Kangaroos Inc v Secretary, Department of Environment, Land, Water and Planning (No 2) [2018] VSC 407 (application for declaratory and injunctive relief in relation to a decision to authorise the cull of up to 400 kangaroos on a site);
- Hudson Yards Pty Ltd v Minister for Planning [2018] VSC 277 (whether two VCAT proceedings had been validly “called in” by the Minister for Planning);
- Preston Market Developments Pty Ltd v Darebin CC [2017] VCAT 1689 (redevelopment of the Preston Market);
- Rajendran v The Heritage Council [2015] VSC 732 (application to remove a property from the Victorian Heritage Register);
Practice and procedure cases
- WOTCH Inc v VicForests (No 9) [2022] VSC 503 (whether the Plaintiff was required – and entitled – to amend its pleading after a three-week hearing);
- Chairperson of the Royal Commission into the Management of Police Informants v Chief Commissioner of Victoria Police [2019] VSCA 154 (application to revoke or vary certain suppression orders);
- Victorian Taxi Families Inc and Redfield Court Holdings Pty Ltd v Commercial Passenger Vehicle Commission [2020] VSC 762 (preliminary discovery of documents relating to the Commission’s alleged action and inaction in exercising its statutory functions regulating the commercial passenger vehicle industry);
- Colonial Range Pty Ltd v Akritidis [2017] VSC 337 (preliminary discovery from a building surveyor);
Tribunal cases
- DLM (Guardianship) [2018] VCAT 1638 (application for compensation under the Powers of Attorney Act 2014 in respect of breaches of duty by the holder of an enduring power of attorney made under the Instruments Act 1958);
- Hospira Pty Ltd v Minister for Health [2017] AATA 2719 (merits review of a decision, under the Therapeutic Goods Act 1989, to amend a product information document for the applicant’s therapeutic goods);
- Stop The Tip Inc v EPA [2017] VCAT 1453 (application to produce documents to reveal whether the proceeding brought by the applicant in the VCAT was an abuse of process);
Vocational education and training cases
- Sher-E-Punjab Pty Ltd v ASQA [2018] AATA 46 (revocation of a stay of the decisions under review);
- Australian Institute of Professional Education Pty Ltd v ASQA (2016) 156 ALD 224; [2016] FCA 814 (whether the regulator's exercise of its power to obtain information constituted a contempt of the AAT or was otherwise invalid).
Jason was the author of the first four editions of Pizer's Annotated VCAT Act, and the co-author of the fifth edition of that book. He has been the consulting editor for the Victorian Administrative Law looseleaf service since late 2013, having held an editorial position since 1996.
Please click here to view the List A Barristers profile of Jason Pizer S.C.