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Prosecution powers of the Food Authority resolved
A recent decision of the NSW Supreme Court, in which LTL were pleased to act for the prosecutor, resolved a longstanding question about the ability of the NSW Food Authority to commence criminal proceedings in its own name for breaches…
Sentencing Principles Explained – Q & A #3
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Sentencing Principles Explained – Q & A #2
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
Sentencing Principles Explained – Q & A #1
Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
Review of the Companion Animals Act 1998
Yesterday, the NSW Government announced a review of the Companion Animals Act 1998 (CA Act). The CA Act sets out the duties and responsibilities of owners of companion animals and allows for enforcement action by local councils. The CA Act was…
Land and Environment Court imposes record penalty for unlawful clearing of native vegetation
Late in 2024, the Land and Environment Court imposed record fines for the unlawful clearing of native vegetation in Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131. Clearing of native…
Secondary dwelling converted to a dual occupancy caused a fuss
An objector argued that a consent granted by the Lake Macquarie City Council was invalid because the proposed change of use of an existing ‘secondary dwelling’ to a dwelling house to create a ‘dual occupancy’ involved no ‘development’. The Land…
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