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Court of Appeal Confirms Role of Commissioners in Section 34 Agreements
In Class 1, 2 and 3 appeals in the Land and Environment Court (LEC), it is common for parties to reach an agreement in a conciliation conference on the issues in dispute prior to the final hearing and enter into a…
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NSW Court of Appeal Rejects Valuer-General’s Approach to Comparable Sales Method of Valuing Land
In the recent case of Valuer General of New South Wales v Esperia Court Pty Ltd [2026] NSWCA 30, the NSW Court of Appeal unanimously rejected an argument by the Valuer-General of NSW (‘VG‘) that applying the ‘direct comparison’ method…
Works in Kind Arrangements for Housing & Productivity Contributions Scheme in NSW
The recently finalised Housing and Productivity Contribution Works-in-Kind Guideline dated February 2026 published by NSW Department of Planning, Housing and Infrastructure (‘Guideline‘) sets out arrangements for how developer delivery of State and regional infrastructure is evaluated, prioritised and managed.
Changes to Workers Compensation Coming in 2026
Following the introduction of the new Stop Bullying and Harassment Orders in 2025 (see our article here), the NSW Government has now progressed their foreshadowed changes to workers compensation with the making of the Workers Compensation Legislation Amendment Act 2025…
New Code of Meeting Practice for NSW Councils Now in Force
The Model Code of Meeting Practice for Local Councils in NSW 2025 (2025 Meeting Code) took effect on 1 January 2026. It replaces the 2021 Code and contains some significant changes, which are summarised in this post. Requirement for Model…
High Court Finds TfNSW Liable in Nuisance for Light Rail Construction Works
Private nuisance is a tort concerned with protecting a person’s interest in land from substantial and unreasonable interference with its use or enjoyment. In a recent decision having significant implications for public authorities, including local councils, the High Court unanimously…
ALERT: Commencement of New Stop Bullying and Harassment Scheme
As we wrote about in our earlier article, a new scheme addressing bullying and harassment was passed by the NSW Parliament in July 2025. You can read about the changes here: Stop Bullying and Harassment Orders Coming Soon in NSW….
Stop Bullying and Harassment Orders Coming Soon in NSW
The Industrial Relations Act 1996 will soon be amended so that State and local government employees will be able to apply to the NSW Industrial Relations Commission (IRC) for orders in relation to workplace bullying and harassment (IRC Orders). This…
ALERT: New Local Infrastructure Contributions (including VPA) Practice Notes in Force for NSW
The Planning Secretary in NSW has published a suite of new local infrastructure contributions practice notes. These include an updated planning agreements practice note. The publication was not announced in a media release or accompanied by a planning circular by…
ALERT – Draft Housing and Productivity Contribution Scheme Works-in-Kind Guideline Released by NSW Government
The NSW Government has today released the proposed ‘Housing and Productivity Contribution Scheme Works-in-Kind Guideline‘ (Draft Guideline) and is inviting public submissions on it until 17 July 2025. The Housing and Productivity Contributions Scheme (HPC Scheme) is established under Subdivisions…
VPAs & Benefit-Sharing for Renewable Energy Projects in NSW
Overview One of the key features of voluntary planning agreements (‘VPAs‘) under the Environmental Planning & Assessment Act 1979 (NSW) (‘EPA Act‘) is their potential to be used to enable communities to share in the benefits of development. This type…
High Court Confirms Native Title is a Proprietary Right & Subject to Constitutional Guarantee of Just Terms Compensation
Aboriginal and Torres Strait Islander readers are advised this article contains the name of a deceased person. On 12 March 2025, the High Court handed down its landmark decision in the much-awaited native title case of Commonwealth of Australia v Yunupingu…