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2010
Protecting Marriage or Legislating Morality? Same-Sex Marriage Equality under the US Constitution
Perry v Schwarzenegger, Case No. C 09-2292 VRW (US District Court for the Northern District of California, 4 August 2010)
The US District Court has held that a prohibition against same-sex marriage violates the US constitutional requirements of ‘due process’ and equal ‘protection’.
Facts
Following an amendment [...]
What Level of Inquiry and Analysis is Required to Determine the Reasonableness of a Police Search?
R v Cornell, 2010 SCC 31 (30 July 2010)
The Supreme Court of Canada has considered the level of inquiry and analysis required to be conducted by police when determining whether a forced entry into a premise is reasonable, consistent with [...]
VCAT Considers Right to Equality and Retrospective Operation of the Charter
Valentine v Emergency Services Superannuation Board [2010] VCAT No G585/2008 (29 July 2010)
The Victorian Civil and Administrative Tribunal has held that s 32 of the Charter does not apply retrospectively to affect the interpretation of the State Superannuation Act 1988 (Vic) insofar as it governs [...]
Charter Rights Should be Construed Broadly and by Reference to International and Comparative Human Rights Jurisprudence
Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010)
The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human rights law [...]
Charter Rights Should be Construed Broadly and by Reference to International and Comparative Human Rights Jurisprudence
Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010)
The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human rights law [...]
Control Orders and the Deprivation of Liberty
AN v Secretary of State for the Home Department [2010] EWCA Civ 869 (28 July 2010)
A recent decision before the England and Wales Court of Appeal has found that if a control order is legally flawed, or revoked by the Secretary of State, then it shall be quashed ab [...]
Application of the Charter to Public Sector Employment Decisions and Practices
Quinn v Overland [2010] FCA 799 (28 July 2010)
The Federal Court of Australia has found that there is a serious issue to be tried that s 20(3)(c) of the Public Administration Act 2004 (Vic) (‘the PA Act’) places a statutory duty on public sector employers [...]
When Will Damages be a Just and Appropriate Remedy for Breach of Human Rights?
City of Vancouver v Ward 2010 SCC 27 (23 July 2010)
The Supreme Court of Canada has handed down a significant judgment on the availability of damages for a breach of human rights under the Canadian Charter of Rights and Freedom. City of [...]
Tribunal has Jurisdiction to Determine whether Public Authority has Acted Compatibly with Human Rights
Director of Housing v TK [2010] VCAT Application 2010/11921 (Unreported, 22 July 2010)
VCAT Deputy President Lambrick has held that the Tribunal has jurisdiction to determine whether an application made pursuant to ss 250 and 330(1) of the Residential Tenancies Act has been [...]
Limitations on the Right to Peaceful Assembly and Protest
Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010)
The England and Wales Court of Appeal upheld a High Court decision which held that the Mayor of London is entitled to seek an injunction against a [...]
Right to Equality: Recognising and Prohibiting Discrimination beyond ‘Innate’ or ‘Inherent’ Characteristics
Clift v United Kingdom [2010] ECHR 1106 (13 July 2010)
In Clift v The United Kingdom, the European Court of Human Rights gave a broad reading to art 14 of the European Convention of Human Rights, finding that a person’s status as a particular class [...]
Right to Humane Treatment in Detention and Prisoner Access to Health Care
Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010)
On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment. The finding [...]
Extra-territorial Application of the Human Rights Act
Smith, R (on the application of) v Secretary of State for Defence & Anor [2010] UKSC 29 (30 June 2010)
The Supreme Court of the United Kingdom has held by a 6:3 majority that the Human Rights Act 1998 (UK) has no application to members of the armed forces serving [...]
Right to Equality and Anti-Discrimination Exemptions: Special Measures to Reduce Disadvantage
Department of Human Services & Department of Health (Anti-Discrimination Exemption) [2010] VCAT 1116 (29 June 2010)
In this decision, McKenzie DP granted an exemption on the basis that it constitutes an appropriate special measure to reduce disadvantage caused by discrimination, as permitted by s 8(4) of [...]
Right to Equality and Anti-Discrimination Exemptions
Members of Owners Corporation on Plan of Subdivision No 441923W (Anti-Discrimination Exemption) [2010] VCAT 1111 (28 June 2010)
In this decision, McKenzie DP refused to grant a proposed exemption because it was not the least restrictive means of achieving the desired outcome, contrary to s 7(2)(e) of the Charter.
Facts
This exemption application [...]
Torture and the Transfer of Prisoners
Evans, R (on the application of) v Secretary of State for Defence [2010] EWHC 1445 (Admin) (25 June 2010)
Ms Evans, a peace activist, sought to stop the practice of British personnel transferring detainees to the Afghan authorities by arguing the practice exposed such transferees to a real risk of torture [...]
Coroners Court Determines that Right to Life Requires Inquiries to ‘Address Systemic and Prevention Issues’
Coronial Investigation of 29 Level Crossing Deaths – Ruling on the Interpretation of Clause 7(1) of Schedule 1 of the Coroners Act 2008 (Vic) (25 June 2010)
The Coroners Court has held that right to life under s 9 of the Charter [...]
Do the Rights to Marriage and Equality Require States to Recognise Same-Sex Marriage?
Schalk and Kopf v Austria [2010] 30141/04 (24 June 2010)
Does the right to marry, and the ‘family unit’, extend to same-sex couples? The European Court of Human Rights recent decision in Schalk and Kopf v Austria considers these issues.
Facts
Under Austrian domestic law, a [...]
Access to Information and Freedom of Expression
Ontario (Public Safety and Security) v Criminal Lawyers’ Association, 2010 SCC 23 (17 June 2010)
The Supreme Court of Canada held that the right to freedom of expression in s 2(b) of the Canadian Charter of Rights and Freedoms does not guarantee access to all documents held in government hands. [...]
What Constitutes a Deprivation of Liberty?
Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)
A recent decision of the UK Supreme Court has confirmed that certain control order restrictions may constitute a deprivation of liberty sufficient to engage the operation of art 5 of the European Convention on Human Rights.
Facts
The [...]
Administrative Tribunals have Jurisdiction and Duty to Consider Human Rights Issues
R v Conway, 2010 SCC 22 (11 June 2010)
The Supreme Court of Canada has held that administrative tribunals with the authority to apply the law, have the jurisdiction to apply the Charter to the issues that arise in the proper exercise of their statutory functions. [...]
Balancing the Right to Freedom of Expression and the Right to a Fair Trial
Toronto Star Newspapers Ltd v Canada, 2010 SCC 21 (10 June 2010)
Legislation providing for mandatory publication bans on bail application hearings was upheld by the Supreme Court of Canada as a reasonable compromise between protecting the accused person’s right to a fair [...]
Freedom of Expression and the Protection of Journalistic Sources: When Can a Journalist be Compelled to Reveal their Source?
R v National Post, 2010 SCC 16 (7 May 2010)
In this case, the Canadian Supreme Court found that the guarantee of freedom of expression in s 2(b) of the Canadian Charter of Rights and Freedoms (Canadian Charter) [...]
Right to Life Includes Right to Health and Freedom from Poverty
Laxmi Mandal v Deen Dayal Harinagar Hospital & Ors [2010] 8853/2008 and Jaitun v Janpura Maternity Home & Ors [2010] 10700/2009 (High Court of Delhi, 4 June 2010)
The High Court of Delhi has issued directions in response to the systemic failures resulting in the denial [...]
Threat of Torture during Interrogation Amounts to Inhuman Treatment
Gafgen v Germany [2010] ECHR 759 (1 June 2010)
The Grand Chamber of the European Court of Human Rights has found, by majority, that a threat of torture amounted to inhuman treatment, but was not sufficiently cruel to amount to torture within the meaning of the European Convention [...]
Victorian Supreme Court Adopts Narrow View of Right to Privacy and Eschews International Jurisprudence
WBM v Chief Commissioner of Police [2010] VSC 219 (28 May 2010)
This case raises the rights to privacy (s 13) and freedom from retrospective punishment (s 27), interpretation of legislation (s 32) and declarations of inconsistency (s 36) under the Charter.
Summary
In August [...]
Protection of the Family and the Right to Determination of Status without Unreasonable Delay
Gonzalez v Guyana, UN Doc CCPR/C/98/D/1246/2004 (21 May 2010)
The UN Human Rights Committee has held that an undue delay in judicial proceedings to naturalize Mr Gonzalez as a citizen of Guyana constituted unreasonable and arbitrary interference with the right to family in [...]
Right to Family and Protection of Children Relevant to Sentencing of Parent
R v Ashman [2010] ACTSC 45 (21 May 2010)
In this case, the ACT Supreme Court recognised that the right to family and the best interests of children under the Human Rights Act 2004 (ACT) may be relevant to the sentencing of a parent or [...]
Right to Privacy and the Interception and Surveillance of Communications
Kennedy v United Kingdom [2010] ECHR 682 (18 May 2010)
Whilst specific breaches of the European Convention of Human Rights were not ultimately upheld, this case provides insight into the application and scope of the right to privacy enshrined in art 8 of the Convention. Furthermore, the [...]
Conviction for War Crimes Not a Violation of the Prohibition against Punishment without Law
Kononov v Latvia [2010] ECHR 667 (17 May 2010)
The Grand Chamber of the European Court of Human Rights considered whether criminal law was retrospectively applied to convict Mr Kononov, in violation of art 7 of the European Convention of Human Rights.
The Grand [...]
Application of Charter to Guardianship and Administration
PJB (Guardianship) [2010] VCAT 643 (17 May 2010)
Justice Billings in the Victorian Civil and Administrative Tribunal has held that the appointment of an administrator to the estate of a represented person, PJB, was a justifiable restriction on PJB’s right to freedom of movement and right to privacy.
Facts
This was a [...]
VCAT Considers Relevance of Charter to Availability of Payments for Childcare from Transport Accident Commission
Michelle Dawson v Transport Accident Commission [2010] VCAT 796 (13 May 2010)
Facts
Ms Dawson was seriously injured in a car accident on 13 October 2005. As a result of her injuries Ms Dawson received a number of therapies in accordance with her [...]
Application of Charter to Planning Schemes, Decisions and Considerations
Smith v Hobsons Bay City Council [2010] VCAT 668 (12 May 2010)
A recent VCAT decision establishes that a planning scheme provision limiting views into existing secluded private open space and habitable room windows is not incompatible with the Charter. VCAT also held that a local council does [...]
Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter
Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010)
The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from [...]
Proof of Identity Requirements and Limitations on the Right to Vote
Henry v Canada (Attorney General), 2010 BCSC 610 (4 May 2010)
This case concerned the constitutional validity of voter identification rules, which require electors to provide proof of their identity and residence in order to vote in Canadian federal elections. The Supreme Court of British Columbia [...]
Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter
Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010)
The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from [...]
What does Proper Consideration of Human Rights Entail?
Director of Housing v Turcan [2010] VCAT Ref No R201011922 (Unpublished, 4 May 2010)
The Victorian Civil and Administrative Tribunal has considered the meaning of ‘arbitrary’ and ‘unlawful’ in the context of s 13(a) of the Charter of Human Rights and Responsibilities Act 2006, as well as the relevance [...]
Freedom of Religion and Conscience Objection to Military Service
Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010)
The UN Human Rights Committee has held that the Republic of Korea violated art 18, paragraph 1 of the International Covenant on Civil and Political Rights in convicting and sentencing to imprisonment, 11 individuals [...]
Obligation of Public Authorities to Provide Accommodation and Support to Destitute Family
Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010)
In this case, the England and Wales Court of Appeal held that the Birmingham City Council’s refusal to provide financial assistance and accommodation to a family while their immigration application was pending resulted [...]
Imposition of Unreviewable Lifetime Reporting Requirements on Sexual Offenders a Disproportionate Intrusion on Private Life
F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010)
This case concerned lifetime reporting requirements for sex offenders. The Supreme Court of the United Kingdom decided that while the [...]
Right to State-Funded Legal Aid in Coronial Inquest: Legal Aid Funding May be Necessary for State to Discharge Investigative Obligation
Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010)
Article 2 of the European Convention of Human Rights provides that the right to life is a fundamental human right [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention
Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)
Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)
The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, was incompatible with [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention
Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)
Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)
The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, was incompatible with [...]
Eviction from Public Housing without Adequate Justification a Breach of Human Rights
Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of their [...]
Refugee Rights and Non-Refoulement: Proposed Transfer of Asylum Applicant from UK to Greece did not Breach European Convention
Saeedi, R (on the application of) v Secretary of State for the Home Department & Ors [2010] EWHC 705 (Admin) (31 March 2010)
The England and Wales High Court recently held that the proposed transfer of an asylum applicant [...]
Statutory Interpretation and Limitations on Rights
In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179 (31 March 2010)
Derek Percy, the only remaining prisoner in Victoria who was found not guilty of murder on the grounds of insanity, sought to have his custodial supervision order varied pursuant to the Crimes (Mental Impairment [...]
Possession Orders and the Right to Privacy and the Home
Salford City Council v Mullen [2010] EWCA Civ 336 (30 March 2010)
In this case, the England and Wales Court of Appeal considered the impact of House of Lords decisions on the rights of tenants occupying premises under ‘introductory’ or ‘homeless’ accommodation legislation. In considering the ability [...]
Right to Privacy and Protection of Children and Families
MAK and RK v United Kingdom [2010] ECHR 363 (23 March 2010)
The European Court of Human Rights has held that restrictive hospital visiting conditions imposed on a father, the first applicant, suspected of abusing his daughter, the second applicant, breached the right to private and family life [...]
‘Deeming’ Traffic Offences Breaches Right to Presumption of Innocence and Silence
Krumpholz v Austria [2010] ECHR 341 (18 March 2010)
In Krumpholz v Austria, the European Court of Human Rights held that deeming the owner of a vehicle to have committed a traffic offence (by virtue of their ownership of the vehicle) breaches the European Convention right [...]
Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter
R v Momcilovic [2010] VSCA 50 (17 March 2010)
In a landmark decision, the Victorian Court of Appeal has unanimously held that:
s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory [...]
Balancing the Right to Non-Discrimination and Freedom of Religious Belief in the Provision of Charitable Services
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales & Anor [2010] EWHC 520 (Ch) (17 March 2010)
The England and Wales High Court has held that it is for the Charity Commission to determine whether discrimination against [...]
Right to Private Life and Protection of Children
AD and OD v United Kingdom [2010] ECHR 340 (16 March 2010)
The European Court of Human Rights has held that the United Kingdom breached its obligation to respect private and family life under art 8 of the European Convention on Human Rights because of errors made by a [...]
Right to Freedom of Expression Incorporates Positive Right to Freedom of Information
XYZ v Victoria Police [2010] VCAT 255 (16 March 2010)
In a significant decision, Bell J has held that the right to freedom of expression under s 15(2) of the Victorian Charter ‘incorporates a positive right to obtain access to government-held documents’. His Honour found, [...]
Coroner Considers Applications for Leave to Make Submissions on Charter of Rights in Police Shooting Inquest
Inquest into the Death of Tyler Cassidy: Ruling on applications to be granted leave to participate as Interested Parties pursuant to s 56 Coroners Act 2008 (4 March 2010)
The Coroner’s Court of Victoria recently considered applications by three public interest [...]
Temporary Exceptions and the Right to Equality and Non-Discrimination: Exemptions should be Subject to Ongoing Monitoring and Evaluation
Wesley College (Anti-Discrimination Exemption) [2010] VCAT 247 (3 March 2010)
In this case, VCAT considered an exemption application pursuant to s 83 of the Equal Opportunity Act 1995 by Wesley College. The exemption sought to enable Wesley to advertise [...]
Protection from Cruel Treatment and the Death Penalty: UK Breaches Convention Obligations by Transferring Prisoners to Iraqi Custody
Al-Sadoom and Mufdhi v United Kingdom [2010] ECHR 282 (2 March 2010)
The European Court of Human Rights has held that the United Kingdom breached a number of its obligations under the European Convention on Human Rights by handing [...]
Same-Sex Relationships: Right to Non-Discrimination and Succession to Public Tenancy
Kozak v Poland [2010] ECHR 280 (2 March 2010)
The European Court of Human Rights has held that Poland violated arts 8 and 14 of the European Convention on Human Rights by denying a man living in a homosexual relationship the right to succeed to a tenancy [...]
Hate Speech and the Limits of Freedom of Expression and Religious Belief
Whatcott v Saskatchewan (Human Rights Tribunal), 2010 SKCA 26 (25 February 2010)
The Court of Appeal for Saskatchewan has unanimously held that four flyers, which contained anti-gay sentiments, were not so extreme as to violate that prohibition on hate speech under The Saskatchewan Human Rights [...]
‘Act of State Doctrine’ does not Apply when Grave Violations of Human Rights Alleged: Court Agrees to Consider Australia’s Obligations to Citizens Abroad
Habib v Commonwealth of Australia [2010] FCAFC 12 (25 February 2010)
On 25 February 2010, the Full Court of the Federal Court delivered a significant judgment that will allow the Court to consider the [...]
Right to Public Participation Requires Reasonable Opportunity to be Heard
Poverty Alleviation Network & Ors v President of the Republic of South Africa & Ors [2010] ZACC 5 (24 February 2010)
In Poverty Alleviation Network (‘Matatiele 3’) the Constitutional Court of South Africa effectively held that constitutional obligations owed by South African legislatures to facilitate public involvement [...]
Resisting Extradition Based on the Right to Private and Family Life
Norris v Government of United States of America [2010] UKSC 9 (24 February 2010)
The UK Supreme Court has held that the extradition of a mentally and physically fragile 66-year-old did not contravene the right to respect for private and family life under art 8 of [...]
Right to Liberty and Security and the Police Use of Force: Excessive Use of Force Results in Reduction of Sentence
R v Nasogaluak, 2010 SCC 6 (19 February 2010)
The Canadian Supreme Court has held that the excessive use of force by police officers in conducting an arrest was a breach of the accused’s right to security [...]
Torture, Executive Accountability and the Rule of Law
Mohamed v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 (10 Feb 2010)
On 10 February 2010, the Court of Appeal (the Lord Chief Justice, the Master of the Rolls and the President of the Queen’s Bench presiding) published its decision in the protracted and [...]
Human Rights and Foreign Policy: Supreme Court Considers Canada’s Obligation to Protect the Human Rights of Citizens Abroad
Canada (Prime Minister) v Khadr, 2010 SCC 3 (29 January 2010)
The Canadian Supreme Court has confirmed that Canadian officials breached Omar Khadr’s right to liberty and security of the person under s 7 of the Charter of Rights [...]
Anonymity in Court Proceedings: Balancing the Right to Privacy and Journalistic Freedom
Guardian News and Media Ltd & Ors, Re HM Treasury v Ahmed & Ors [2010] UKSC 1 (27 January 2010)
The press challenged orders protecting the identity of the appellants from publication based on the right to freedom of expression. The appellants claimed that would [...]
Right to a Fair Hearing and Legal Representation in Disciplinary Proceedings
G, R (on the application of) v X School & Ors [2010] EWCA Civ 1 (20 January 2010)
The English Court of Appeal has held that proceedings that are not by themselves determinative of civil rights or obligations may still be subject to the requirements of [...]
Legality of Detention Pursuant to Prisoner Transfer Agreement when Original Trial Unfair
Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)
In this case, the England and Wales High Court rejected a British citizen’s challenge to her detention in the UK after being convicted of drug offences in Laos. While the Court accepted [...]
Control Orders, the Right to a Fair Hearing and Compensation for Unlawful Deprivation of Liberty
Secretary of State for the Home Department v AF [2010] EWHC 42 (Admin) (18 January 2010)
The England and Wales High Court recently held that non-derogating control orders imposed on two UK citizens under anti-terrorism legislation were void ab initio. This resulted [...]
Safe-Injecting Rooms, Public Health and the Right to Life and Security of Person
PHS Community Services Society v Canada (Attorney General), 2010 BCCA 15 (15 January 2010)
The British Columbia Court of Appeal has held that the denial of access to health care services, including safe injecting facilities, for people with severe drug dependency may violate the [...]
Serious Criminal Offences, Deportation and the Right to Family Life
A W Khan v United Kingdom [2009] ECHR 27(12 January 2010)
The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on long-term residency, [...]
European Court Holds that Stop and Search Powers Violate Privacy and are ‘Not in Accordance with Law’
Gillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010)
The European Court of Human Rights held that stop and search powers granted to police under the ss 44-47 of the Terrorism Act 2000 (UK) were neither sufficiently [...]
Canadian Court Declares that Prison Conditions Violate Fundamental Human Rights
Trang v Alberta (Edmonton Remand Centre), 2010 ABQB 6 (11 January 2010)
The Court of Queen’s Bench of Alberta has declared that conditions under which untried prisoners were held in Edmonton Remand Centre (‘ERC’) pending trial for conspiracy to traffic illicit drugs resulted in a breach of [...]
European Court Delivers Judgment in Landmark Human Trafficking Case
Rantsev v Cyprus and Russia [2010] ECHR 25965/04 (7 January 2010)
In a landmark judgment the European Court of Human Rights unanimously ruled that human trafficking fell within the scope of art 4 (prohibiting slavery, servitude and forced labour) of the European Convention. The Court clarified the positive [...]
Does the Creation of a Tenancy or the Making of a Possession Order Engage Human Rights?
Heywood v Director of Housing [2010] R2009/36396 (4 January 2010)
In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy and provisions [...]
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