Monthly Archives: July 2013

Counting the costs: Discontinuing Class 1 proceedings

As a general rule, a successful party to proceedings in Classes 1, 2 and 3 of the Land and Environment Court (Court) will not be awarded their costs for conducting the appeal.

Posted in planning | development | Tagged | Comments Off on Counting the costs: Discontinuing Class 1 proceedings

Federal Court decision to benefit Tasmanian devils

The Federal Court in Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities [2013] FCA 694 has upheld a challenge to the validity of the Commonwealth Minister’s approval of an iron ore mine near Nelson Bay … Continue reading

Posted in environment | natural resources | climate change | Tagged , | Comments Off on Federal Court decision to benefit Tasmanian devils

First major case for the Personal Property Securities Register

Can the ‘true owner’ of personal property ever lose that property to a third party lender?  Before 30 January 2012 (when the Personal Property Securities Act 2009 Commonwealth(PPSA) came into effect) your answer may well have been emphatically ‘no’.  The case … Continue reading

Posted in property | commercial | Comments Off on First major case for the Personal Property Securities Register

Boarding Houses Regulation 2013

Further to our previous blog on the commencement of the Boarding Houses Act 2012  (Act), the Boarding Houses Regulation 2013 (Regulation) containing supporting provisions to the Act commenced on 1 July 2013.

Posted in planning | development | Comments Off on Boarding Houses Regulation 2013

What is a residential building?

The NSW Court of Appeal recently handed down its decision in GrainCorp Operations Ltd v Liverpool Plains Shire [2013] NSWCA 171 throwing into question the line of authority which had previously interpreted the term ‘residential buildings’ (or similar terms) within an … Continue reading

Posted in planning | development | Tagged , | Comments Off on What is a residential building?

Review of Just Terms Compensation Legislation

The State Government is calling for submissions in response to the Consultation Paper prepared by David Russell SC as part of his review of the  Land Acquisition (Just Terms Compensation) Act 1991 (Act).

Posted in property | commercial | Tagged | Comments Off on Review of Just Terms Compensation Legislation

Refresher: relevant and irrelevant considerations

A recent Court of Appeal decision, Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 (Lo), provides the  opportunity for a refresher on the permissible scope of relevant and irrelevant considerations; such as, when evaluating a development application (DA).

Posted in planning | development | Tagged | Comments Off on Refresher: relevant and irrelevant considerations

Strata Schemes

It is now more than 50 years since strata titles legislation commenced in NSW under the Conveyancing (Strata Titles) Act 1961. Many strata schemes are now approaching their ‘use by’ date with the schemes in need of termination and/or re-development. Nevertheless, … Continue reading

Posted in property | commercial | Tagged | Comments Off on Strata Schemes

Minister’s powers and discretions under the exposure draft Planning Bill 2013

The ‘A New Planning System: White Paper‘ (White Paper) is being hailed as providing greater opportunities for community participation in the planning process, in part through the proposal for adoption of a Community Participation Charter. However, the exposure draft of the Planning … Continue reading

Posted in planning | development | Tagged | Comments Off on Minister’s powers and discretions under the exposure draft Planning Bill 2013