Miguel Belmar – Barrister – Victorian Bar
|Clerk:||Michael Green, Greens List|
|Admitted to Practice:||3 May 1999|
|Signed Bar Roll:||23 May 2002|
Areas of Practice:
Administrative Law (Judicial Review), Administrative Law (Merits Review), Commercial Law, Employment, Environment, Freedom of Information, Guardianship and Administration, Industrial Relations, Licensing and Disciplinary Tribunals, Personal Injuries, Planning and Local Government, Sports Law, Torts, WorkCover / Comcare.
Since coming to the Bar, Miguel has developed a practice in all aspects of land use law including
- town planning,
- local government,
- compulsory acquisition,
- planning scheme amendments and
He has appeared for, and advised local councils, water authorities, objectors and proponents. He has a particular interest in local government matters involving councillor conduct.
He is also experienced in conducting matters involving contractural disputes both in a commercial and workplace context. He has also represented clients before professional misconduct enquiries. He also has significant experience in conducting common law matters involving workplace and transport accidents.
In addition Miguel was selected to participate in the Australian Latin American Leadership Program and has advised both outbound and inbound investors in relation to the cultural issues involved in doing business between Australia and South America.
He is a member of the Victorian Football Federation Tribunal that hears and determines matters involving infringements of the rules of soccer.
In 2010 he became a nationally accredited mediator and he conducts mediations in his chosen fields of practice,
Cases in which he has appeared include:
Casey City Council v Kohn  VSCA 82: (with Dyson Hore-Lacy SC) considers contributory negligence and the correct method for assessing interest on damages following a jury verdict.
Ucar v Nylex Industrial Products Pty Ltd (2007) 17 VR 492: (with Jim Kennan SC) dealing with in-court observations by a Judge during a hearing and procedural fairness.
Winky Pop Pty Ltd v Hobsons Bay City Council (2007) 19 VR 492: (with Adrian Finanzio) setting aside a resolution of a local council to adopt a planning scheme amendment as a consequence of a finding of apprehended bias by a councillor.
Country Endeavours Pty Ltd v West Gippsland Catchment Management Authority  VCAT 566: successfully resisting application to commence proceeding out of time seeking to set aside a works permit.
Airlie House Developments Pty Ltd v Port Phillip CC  VCAT 78: (with Chris Townshend SC) obtaining amendment to a permit for a multi-storey residential/commercial building including illuminated signage.
Nepean Conservation Group Inc & Ors v Mornington Peninsula SC  VCAT 336: successfully arguing that Trustee Company had standing to bring application to subdivide land. At a separate hearing a permit to subdivide was granted by the Tribunal.