Ms Tiphanie J Acreman

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Tiphanie practices in planning, property and building matters, more specifically in the following areas:

  • Commercial and domestic building and construction disputes
  • Restrictive covenants, easements and other property rights
  • “Unreasonable flow” matters under the Water Act 1989
  • Owners corporation matters
  • Town planning
  • Local government enforcement (Magistrates’ Court and VCAT)

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 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.

Selected appearances:

PROPERTY AND PLANNING

478 St Kilda Road Land Pty Ltd v Port Phillip CC (Red Dot) [2016] VCAT 445

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.

Stubberfield v Campaspe SC and Hill [2016] VCAT 978 and [2016] VCAT 1442

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.

Victoria Gardens Developments Pty Ltd v Yarra CC [2016] VCAT 1045

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.

Blue Scope Pty Ltd v Farnan and ors [2015] VSC 125

Application under s84 Property Law Act 1958 regarding enforcement and interpretation of a restrictive covenant.

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

Hume CC v Gangelhoff [2015] VCAT 399

Defence of an enforcement action by Council under the Planning and Environment Act 1987.

City of Melbourne 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.

OWNERS CORPORATION 

Jackson and ors v OC PS5119437 and ors [2015] VCAT 1537

For the successful applicant lot owners seeking to uphold their leases over common property car spaces and courtyards.

J & G Knowles & Associates Pty Ltd v Owners Corporation RP12247 [2014] VCAT 98

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)

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

Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Inc [2016] FCAFC 129 and (No 2) [2016] FCAFC 137

Tasmanian Aboriginal Centre Inc v Secretary, Department of Primary Industries, Parks, Water and Environment [2014] FCA 1443 and (No 2) [2016] FCA 168

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).

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    18 November 2008
  • First Signing Bar Roll
    19 May 2011
  • Qualifications
    LLB (Hons) BSC (Geog&Env) (UTAS), LLM (ANU)

Areas of Speciality

  • Building & Construction
  • Environment & Planning
  • Equity
  • Property & Probate
  • Public Law