Andrew Kaspen
Partner at Pointon Partners- Claim this Profile
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Bio
Experience
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Pointon Partners
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Australia
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Law Practice
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1 - 100 Employee
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Partner
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Apr 2019 - Present
I specialise in the following legal disputes at Pointon Partners. I am an experienced in running cases to trial and have won some significant matter in favour of my clients.BUILDING AND CONSTRUCTION DISPUTES- Disputes regarding incomplete and defective building works- Professional negligence claims against building practitioners including architects, engineers and building surveyors- Disputes under the Building and Construction Industry Security of Payment Act protection works disputes- Negotiating with respect to building orders and building notices under the Building Act- Prosecutions under the Building Act- Report and consent for non-compliance with building plansENVIRONMENTAL CLAIMS- Claims for noncompliance with contractual clean up provisions- Negotiating with respect to clean up notices and pollution abatement notices prosecutions under the Environment Protection Act- Contractual and transactional disputesRETAIL LEASES ACT RELATED DISPUTES- Contractual claims in property transactions and commercial agreements- Disputes relating to consumer guarantees, consumer protection and misleading and deceptive conduct- Land acquisition and compensation-Claims for compensation arising out the compulsory acquisition of land under the Land Acquisition and Compensation Act-Claims for compensation arising out of the reservation of land for a public purpose under the Planning and Environment ActPROPERTY DISPUTES- Easement related disputes- Claims under the Traditional Owner Settlement Act 2010 (Vic) disputes relating to caveatsremoval of restrictive covenants- Nuisance claims, including those related to trees and security cameras adverse possession claimsencroachment claims- Fencing disputes- Owners’ corporation disputes
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Best Hooper Lawyers
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Australia
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Legal Services
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1 - 100 Employee
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Partner | Legal Dispute Resolution | Best Hooper Lawyers
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Jan 2004 - Apr 2019
My time at Best Hooper Lawyers, I ran the following successful trials for my clients:* Cao & Anor v. Al-Bahjeh Pty Ltd & Anor [2019] VCAT 367 – Claim by an owner against a builder for incomplete and defective building works.* Kilkenny Walsh Pty Ltd v. Strasburger Enterprises (Properties) Pty Ltd [2014] VSC 117 – Claim by developer against a petrol company for compensation arising out of non-compliance with environmental cleanup provisions of a contract of sale, and a related costs dispute.* Secretary to the Department of Economic Development, Jobs Transport and Resources v. Driver [2015] VCAT 813 – Claim for compensation arising out of a partial compulsory acquisition of land as part of the Regional Rail Link Project.* Pacific Wireless Pty Ltd v Breeze Logistics Australia Pty Ltd [2019] VSC 64 – Claim by an Internet Service Provider against a retailer for various breaches of a Services Agreement.* AMJE Pty Ltd v. Mobil Oil Australia Pty Ltd [2016] VSC 777 – Claim by developer against a petrol company for compensation arising out of non-compliance with environmental cleanup provisions of a contract of sale, and a related question regarding the application of the Retail Leases Act.* Coryule Pty Ltd v. Westernport Regional Water Authority [2006] VCAT 1212 and its eight subsequent decisions through to 2011 – Claim for compensation arising out of the compulsory acquisition of an easement on an owner’s boundary to be used for the provision of utilities.* Felsink Pty Ltd v. City of Maribyrnong and Anor [2010] VSC 110 – Claim by a developer against a local council arising out of non-compliance with a section 173 agreement.* McMordie and Anor v. Schifferegger and Anor [2007] VCC 1120 – Claim in trespass occasioned by the encroachment of newly constructed building works by a neighbour over a boundary.
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Education
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University of Melbourne
LL.B., B.Com – University of Melbourne, Legal Studies, General