Intimidation Claims Voiced at Christian City Church

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Planning: Vermont development

Victorian Parliment 9 April 2003

Quoting The Hon. B. N. ATKINSON (Koonung):

"Unaccustomed as I am to public speaking I would like to raise a matter for the Minister for Planning or maybe the Attorney-General in another place. It concerns the Victorian Civil and Administrative Tribunal, but it is a planning issue. A group of residents in my municipality has been intimidated by a legal firm in regard to a planning matter which is to go before VCAT."

"I would like the minister to take note of the letter I have here and to perhaps give some indication to the residents and the firm involved, and perhaps to other firms, that this sort of intimidation is not on. It concerns a development by the Christian City Church of a church in Rooks Road, Vermont."

"Legal representatives for the Christian City Church, George Neophytou Law Pty Ltd, have written to a body corporate which has lodged objections against this development. What concerns me is the last paragraph of that letter, which says that the legal firm believes the position of the objectors cannot be substantiated and should their appeal at the hearing before VCAT be unsuccessful, the client - the church - will seek an order for costs pursuant to the Victorian Civil and Administrative Tribunal Act. The paragraph further indicates that the cost to the firm's client of a protracted hearing would be in excess of $200 000 and should an order for that sum be granted the firm would vigorously seek payment jointly and severally from body corporate funds and/or unit holders individually."

"This is an outrageous letter because people have an ability under planning legislation to object to developments that they believe will have an adverse impact on their amenity and enjoyment of their property. That is a legitimate opportunity. For this company to suggest that it has judged the objections of the objectors and decided that those objections are not substantial objections and then suggest it will pursue an order for $200 000 in costs if these people proceed with their objections is outrageous and in total contravention of the rights these people enjoy at law at the moment in being able to have their case heard by VCAT. I hope the Minister for Planning shares my view that this sort of letter is not on. "

Foot note:
George Neophytou Law sounds very similar. I'm of the opinion that this is the same solicitor (George Neophytou) who was acting on behalf of CCCW and CCCare when I had the meeting with the CCCare Development Manager as I described in http://www.liquidpixel.biz/2008/05/cccw-mediation-request.html