Recent reports prepared by the Local Government Acts Taskforce (‘Taskforce‘) and the Independent Local Government Review Panel (‘Panel‘), which set out recommendations for local government reform in NSW, have been finalised and given to the Minister for Local Government, the Hon. Don…
In Neville Brown and Parramatta City Council [2014] NSWIRComm 1002, Tabbaa C in the Industrial Relations Commission of NSW held that the Applicant had been unfairly dismissed by the Council from his employment after having lost his driver’s licence, despite being…
17 years of arduous legal argument and conciliation came to conclusion on 2 December 2013 with the consent determination of the Bandjalang peoples’ claim by Jagot J in the Federal Court in Bandjalang People No 1 & 2 v Attorney General…
Interests such as leases, licences and permits granted over reserve Crown land, referred to as ‘secondary use tenures’, have received legislative reinforcement following the commencement of the Crown Lands Amendment (Multiple Land Use) Act 2013 on 27 November 2013. The Act, which amends…
On 18 December 2013, the High Court declared invalid two provisions of the NSW Election Funding, Expenditure and Disclosures Act 1981 (EFED Act) seeking to limit the making of political donations and electoral communication expenditure. This raises the question of whether…
New Native Vegetation Regulation to reduce red tape?
16 Dec, 2013
The Native Vegetation Regulation 2013 commenced on 23 September 2013 repealing the Native Vegetation Regulation 2005 and amending the Native Vegetation Act 2003. The new Regulation has been described by the Office of Environment and Heritage (OEH) as the first step…
Court prevents sale of community land in Manly
12 Nov, 2013
The case of Save Little Manly Beach Foreshore Incorporated v Manly Council (No 2) [2013] NSWLEC 156, decided by Biscoe J on 9 October 2013, serves as a timely reminder to councils of the importance of precisely following the procedures for classifying…
During his address to the 2013 Conference and Annual General Meeting of the South Australian Local Government Association on Friday October 25, the newly appointed Deputy Prime Minister and Local Government Minister, Warren Truss, told delegates that the Coalition Government…
Council Contracts Limiting Statutory Powers – Court Upholds Council Dishonouring Rates Agreement
19 Sep, 2013
The recent decision of Rein J in the Equity Division of the Supreme Court of NSW in Wentworth Shire Council v Bemax Resources Limited and Ors [2013] NSWSC 1047 is a timely reminder that well-established legal rules govern the validity of contracts…
Changes Imminent to the Companion Animals Act 1998
12 Sep, 2013
Two recent vicious dog attacks in Deniliquin and Ashcroft have prompted the Government to announce major changes to the way in which dangerous dogs are declared and treated. Legislation which addresses the problem is not a knee jerk reaction to…
The Court of Appeal has confirmed a Supreme Court decision which saw a land-locked lot at Earlwood granted an easement over the Council’s community land used for (access to) a park. The fact that the purchaser of the land knew…
A recent amendment to the Local Government (General) Regulation 2005 (‘General Regulation‘) gives councils the power to write-off stormwater management services charges or accrued interest in certain circumstances.