Kurt is a co-editor of the current edition of General Principles of Administrative Law and regularly practices in this area.

A Recent Esser Legal Administrative Law Case 

A recent success in Administrative Law involved Esser Legal acting for a student of the University of Melbourne. The student was expelled, but with our help in commencing Administrative Law proceedings, the student was subsequently readmitted to the University. 

Did You Know? 

• The administrative decisions of tribunals and statutory authorities, whether in the Federal sector or within the State, can generally be reviewed for 'legal errors'.  Most Federal decisions of this kind can be reviewed under the Administrative Law Judicial Review Act 1977 (Cth) and a vast array of administrative decision made by Victorian statutory authorities and the like can be reviewed under the Administrative Law Act 1978 (Vic).

• Strict time limits apply and any person aggrieved by a decision of these tribunals (which included Melbourne University's decision to expel its student, for example) will need detailed and accurate legal advice. 

This area of law is highly technical and the starting point of most legal problems is to ascertain whether an employee is covered by a Federal award or not. The next line of inquiry is to carefully examine what the award says about workers' rights. 

If the contract of employment involves a Federal Award, then one needs to navigate the Fair Work Act 2009 (Cth) – a quite complicated and detailed piece of legislation running into hundreds of pages. 

A Recent Esser Legal Employment Law Case 

A recent success involved Esser Legal acting for a Queensland-based worker who was dismissed in contravention of General Protections rights under the Fair Work Act. In an emphatic decision, Judge Egan of the Federal Circuit and Family Court of Australia Brisbane Registry, found for the dismissed worker, which is likely to result in a payout to the worker measured in the hundreds of thousands of dollars. 

Another recent case, which was settled out of court, involved Esser Legal procuring a large payout as a result of successfully litigating a case of unfair dismissal and wages theft. 

Did You Know? 

• Under the Fair Work Act, if you are dismissed because you exercised a 'workplace right', for example to complain about your conditions of employment, you may have a cause of action against your former employer under the General Protections provisions of that Act.

• Under the Fair Work Act, if an employee's resignation was caused by harassment, bullying or other forms of pressure directed by the employer at the employee, the employee may have a cause of action for unfair dismissal, even though the employee tendered a resignation.

Did you know?

• If you have a ‘criminal record’ or if you have been ‘convicted’ of a criminal offence you may find it difficult or impossible to qualify for a visa for the USA or other foreign countries. This depends on the definition of ‘criminal record’ and ‘conviction’.

• Even if you plead guilty to a criminal charge, instead of being convicted of the charge, depending on the relevant facts and circumstances, you may qualify for a ‘non conviction bond’ which means you will avoid a ‘criminal conviction’. 

This means that you may simply be required to give an undertaking to the court be of good behaviour for a period of time, and in lieu of a fine, you may be required to make a contribution to the ‘poor box’ and you will have avoided a criminal conviction.

If the court sentences you to an undertaking, then because you have not been ‘convicted', in spite of the guilty plea, you won’t have a ‘criminal record’ or a ‘conviction’. 

So, even if you plead guilty to a criminal charge, if you receive a non-conviction bond or undertaking, then you will not be ineligible for a visa to the USA or other foreign county even if the foreign country requires you to disclose your ‘convictions’ or your ‘criminal record’.       

A Recent Esser Legal Criminal Law Case 

In a recent criminal case involving the breach of local council by-laws, Esser Legal’s client was charged with multiple criminal offences which in total carried fines of over $80,000. Although the client pleaded guilty to all charges, because of 'holes' in the prosecution case identified and argued by Esser Legal: 

• the client was not convicted of any offence

• the client was required only to give an undertaking to be of good behaviour for 1 year 

• instead of a fine, the client was required to make a payment to a local charity of $900

• the client was not ordered to pay the prosecution's court costs.  

What Does This Mean?

Every person charged with a criminal offence should get clear and precise legal advice. Every criminal case is different. This means:  

• there may be 'holes' in the prosecution case which will inform whether the person charged should plead guilty or not 

• you may need to explore whether, in the facts and circumstances of your case, you can avoid a ‘conviction’ and possibly avoid having a ‘criminal record’. 

Seeking and acting on the right legal advice about a criminal charge might make a very big difference to your career path and your travel plans.  

Esser Legal is a trusted source of practical advice in the areas of estate planning, preparation of wills, Probate and administration of estates and applications for Testator's Family Maintenance (TFMs) under Part IV of the Administration and Probate Act 1958 (Vic). 

Business, Commercial Law & Corporate Law 

Esser Legal routinely provides legal advice to corporations and small businesses in the areas of business and corporate structures, trading terms and conditions, debt recovery, shareholders rights and oppression under the Corporations Act 2001 (Cth). 

Incorporated Associations, Not-for-Profits and Clubs 

Esser Legal has a wealth of experience providing legal advice to not-for-profit organisations, trade associations, incorporated associations and sporting clubs. 

Kurt was the founder and chair of The Justice Project Inc and the foundation chair of Agora Dialogue, an international not-for-profit organisation based in Cyprus that facilitates discussion on current ethical issues and conducts seminars on leadership. 

Kurt's lifelong interest in horses led to chairing the Hunt Clubs Association of Victoria for 7 years, his membership of a number of racing and hunt clubs and his life membership of the Melbourne Racing Club. He is the current legal counsel and a committee member of the Melbourne Hunt Club Inc, Victoria's oldest sporting club. 

Esser Legal has developed a sub-specialty in the area of laws and regulations relating to animals, and particularly horses. Kurt provides pro-bono advice to a cohort of horse riders and pet owners who encounter legal difficulties with their animals. Esser Legal routinely provides legal advice in connection with:

• contracts of sale and agistment of horses

• waivers of liability for horse-related businesses 

• breeding disputes

• disciplinary tribunals that deal with equine law, including stewards inquiries

• laws and regulations relating to the ownership and care of pets, including representing pet owners charged with criminal offences etc. 

Immigration Law

The area of Immigration Law is extremely complex and difficult to navigate – anyone affected by any aspect of Immigration Law would be well-advised to seek detailed and comprehensive legal advice. Not only will a client need advice about the application of the Migration Act 1958 (Vic) itself, but the Act contains a bewildering array of regulations that even most lawyers find challenging and puzzling. 

Immigration Law at Esser Legal 

Together with his wife who is an expert immigration lawyer, Sally Webster, Kurt has provided pro-bono legal advice and representation in courts and tribunals to a range of asylum seekers, primarily from Afghanistan.

As an experienced specialist in the area of Administrative Law, Kurt has had success in numerous Immigration Law cases through careful and detailed drafting of submissions which have seen a number of refugees obtaining protection and resisting deportation. 

Human Rights Law

As the founder and chair of The Justice Project Inc, together with other NGOs such as Liberty Victoria, Kurt played a leading role in shaping the form and content – and then lobbying for the enactment of – Victoria's groundbreaking Charter of Human Rights. 

Kurt maintains an ongoing interest in all aspects of the application of the Charter for the assistance and protection of all Victorians, particularly those living with a disability.  

Although not practicing in the area of conveyancing per-se, Esser Legal provides advice about the sale of land, tenancies, fencing disputes, adverse possession and other aspects of land tenure and farming law.