Delay, page-6

Judiciary impartiality. Doesn't mean they can't simply point out to the law society that proceedings have taken an unusually long time.

That said, I'm of the opinion that the judge wants his decision to be final and not to grant leave to appeal. A number of things needs to be considered when awarding compensation including previous awards and finding another case of similar scale, which if doesn't exist will require more time to arrive at a value.

The judge will be looking at how the VIC state government has acted in the application and granting of licences to other explorers that had licences awarded prior to the moratorium. If in those applications and awards the court see they were treated differently, the court would seek to ensure that LKO receives the same treatment in terms of "performance".

There is also the argument as to how far back can governments, state and local, to break binding agreements in place. I'd argue that anyone has the right to knowingly breach a contract, but compensation comes into play. Commercial organisations will look at their top contracts and see if the benefits of exiting outweigh the compensation paid.

However, it's clear that either way the government hasn't afforded, recognised it's contractual obligations. In fact, they've acted in more of a reckless way using the court system to obfuscate their contractual responsibilities. Again, judges look beyond the law and look to the intentions of both parties to resolve contractual disputes and what steps they've taken to resolve.

Then the judge will ask well what powers have been provided to me to restore either party to the position they would have been in if this breach of contract hadn't occured ? Or to what level should I compensate given it would be possible to redress this dispute ?

I think this will be the hardest area for any presiding judge to work out. And yes they do try to seek to find the right balance so as to ensure their decision stands. For their is one thing a judge hates most and that is having their decisions overturned, or undermined. Good luck to the Andrews government if they try that !!

I think the silence at the moment has emboldened the labor party down in Victoria, but arrogance and complacency often comes back to bite.