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…
Expert Evidence in Judicial Review Proceedings
28 Apr, 2026
Ordinarily in judicial review proceedings, evidence which was not before the original decision-maker cannot be relied on to challenge the validity of the relevant decision. This is because judicial review is concerned only with the lawfulness of a decision and…
NSW Court of Appeal Rejects Valuer-General’s Approach to Comparable Sales Method of Valuing Land
30 Mar, 2026
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…
A recent decision of the NSW Supreme Court provides a timely example of the operation of clause 1.9A – a clause contained in many LEPs which can operate to suspend or override restrictive covenants. Relevantly, clause 19.A(1) provides: (1) For…
The NSW Supreme Court, Land and Environment Court, and District Court have adopted practice notes on the use of generative artificial intelligence (Gen AI) in the preparation of evidentiary material and expert reports (Practice Note). As the use of Gen…
UPDATE – Significant reforms proposed to the EPA Act
18 Sep, 2025
The full text of the state government’s proposed Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 has now been released. In our “Alert” blog about the announcement of the Bill, we noted that the government had announced what appeared…
In previous In Focus articles, we have considered cases dealing with the variable meaning of the word “land” in different statutory contexts. In the planning context, the word “land” is generally concerned with a physical, three-dimensional tract of the earth’s…
It has been long accepted that the integrated development provisions in Division 4.8 of Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act) are ‘beneficial and facultative’, enacted to overcome duplication where, in addition to a development…
Sentencing Principles Explained – Q & A #3
10 Jun, 2025
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
22 May, 2025
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
13 May, 2025
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…
REMINDER: Development Control Orders must be within the scope of powers under the EPA Act
9 May, 2025
A recent decision of the Land and Environment Court serves as a reminder to regulatory authorities such as local councils of the importance of carefully considering the terms of their statutory orders to ensure that they meet the requirements of…