Note: Since this article was published, this case is now undergoing appeal. We will keep you informed of any developments. Introduction With some exceptions, land owned and controlled by local Councils, can generally be described as public land. Such land…
In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
Signing a contract – in this case, an agreement for lease of land at an airport – is a commitment by both parties to comply with the obligations set out in that document. Sometimes things do not go to plan…
The Land and Environment Court (LEC) has found that the land of the former Waverton Bowling Club is ‘claimable Crown land‘ under s36 of the Aboriginal Land Rights Act 1983 (ALR Act) and has ordered that it be transferred to the…
On 7 March 2022, the Office of Local Government (‘OLG‘) released a new circular to councils regarding two new guidelines: the Public-Private Partnerships Guidelines (‘PPP Guidelines‘) and the Formation of Corporations and Entities (Section 358) Guideline. Although some interrelationship between two…
After little more than a week since its introduction, the National Parks and Wildlife Amendment Bill 2021 (‘Bill‘) has passed through the NSW Parliament. The Bill will change the way national parks and other terrestrial protected areas are managed in NSW,…
Signing legal documents remotely in NSW
21 Nov, 2021
New legislation in New South Wales now allows legal documents such as wills, statutory declarations and affidavits to be signed and witnessed remotely. The new legislation removes the need for clients to physically attend their solicitor’s office to execute documents….
A recent case in the NSW Supreme Court highlights the complexity and need for diligence and caution regarding the execution and exchange of deeds, particularly in the context of property matters in general. Thorn Australia Pty Ltd v Centuria Property…
For some years now, the NSW Government has been effecting changes to property and conveyancing laws to transition from a paper-based conveyancing system to an electronic one. On 11 October 2021 (‘Cessation Day‘), two major reforms will come into force…
In April 2020, we blogged on a decision of a judge of the Federal Court which held that Telstra Corporation did not require development consent (or planning permission under the town planning laws of other states) to install about 1,800…
Proposed reforms to the Education SEPP on exhibition
25 Nov, 2020
The NSW Department of Planning, Industry and Environment is currently exhibiting proposed reforms to the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education SEPP). The proposed amendments are part of the NSW Government’s Planning Reform Action…
Easements over Public Land
25 Nov, 2020
Section 88K of the Conveyancing Act 1919 (‘s88K‘) enables the Supreme Court to grant an easement over land in circumstances where such an easement is reasonably necessary for the effective use or development of the land which is to have…