Tiphanie practices in planning, property and building matters, more specifically in the following areas:
Prior to coming to the Bar, Tiphanie was associate to the Hon. Chief Justice Warren and later to the Hon. Justice Judd of the Supreme Court of Victoria. She previously worked at the Department of the Environment and Water Resources where she was involved in the development of the National Greenhouse and Energy Reporting Act 2007 (Cth). She holds a Bachelor of Laws (first class honours) and a Bachelor of Science from the University of Tasmania, and a Master of Laws from the Australian National University.
Tiphanie's selected appearances are listed on the "Extended Biography" tab above.
PROPERTY AND PLANNING
Application under s84 Property Law Act 1958 regarding enforcement and interpretation of a restrictive covenant.
Greater Shepparton Solar Energy Facility Planning Permit Applications (Planning Panels Victoria, 23 July 2018)
For the applicant seeking a permit for a solar panel farm in Tatura East, Victoria.
For the applicant seeking a permit to construct 14 dwellings, and partial demolition and alterations to a heritage building. Led by Chris Townshend QC.
For the permit holder seeking to amend the permit for a multi-storey mixed use development on St Kilda Road. Led by Jeremy Gobbo QC.
Interim injunction to restrain registration of an amended Plan of Subdivision and associated application to amend a permit to vary a restrictive covenant where the permit was issued without proper notice to beneficiaries.
For National Trust (Victoria) seeking changes to a proposed mixed use development on Victoria Street, Abbotsford to protect sight lines to the “Skipping Girl Vinegar” sign.
Reynolds v Albury (unreported, Moorabbin Magistrates Court, January 2013)
For the successful plaintiff in a private nuisance claim in relation to damage caused by tree roots from a tree on the defendant’s property.
BUILDING AND PLANNING ENFORCEMENT
ZY Property Pty Ltd v Melbourne City Council (unreported, County Court, December 2017)
Appearing for the Prosecution on an appeal against conviction and sentence under the Building Act 1993.
Defence of an enforcement action by Council under the Planning and Environment Act 1987.
Melbourne City Council v Kanjo (unreported, Melbourne Magistrates’ Court, June 2016)
Prosecution under the Building Act 1993.
Boroondarra CC v Serious Developments (unreported, Melbourne Magistrates’ Court, May 2016)
Defence under the Building Act 1993.
For the successful applicant lot owners seeking to uphold their leases over common property car spaces and courtyards.
Application under s34D Subdivision Act 1988 for a unanimous decision of the Owners Corporation. Led by Nick Pane QC.
BUILDING AND CONSTRUCTION
Biovision 2020 Pty Ltd and anor v CGU Insurance Ltd and ors (2014, VSC, matter settled prior to completion of trial)
Contract/negligence action and associated insurance claims in relation to the design and construction of large composters for a Resource Recovery Facility. Led by Jeff Gleeson QC and John Gurr.
ENVIRONMENT & HERITAGE
For the Tasmanian Aboriginal Centre Inc seeking declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to restrain the opening of three 4 wheel drive tracks in the Western Tasmanian Aboriginal Cultural Landscape. The first judicial consideration of the protection of “National Heritage values” in the context of “indigenous heritage values”. Led by Brian Walters QC (trial and appeal). Led by Richard Niall QC (interlocutory injunction).