Monthly Archives: September 2013

Can we bank on the future of biobanking?

The biobanking scheme in NSW commenced in July 2008. Since then, only 21 biobanking agreements have been entered into to create biobank sites and only 7 biobanking statements have been issued. A review of the scheme is currently being undertaken … Continue reading

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GST not to be excluded from valuations under the Valuation of Land Act 1916

In Storage Equities Pty Limited v Valuer-General [2013] NSWLEC 137, the Land and Environment Court recently held that valuations of land under s6A(1) of the Valuation of Land Act 1916 are to be determined inclusive of any GST component. No adjustment … Continue reading

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Council Contracts Limiting Statutory Powers – Court Upholds Council Dishonouring Rates Agreement

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 … Continue reading

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Court corrects ‘absurd’ interpretation of standard LEP transitional provisions

The Land and Environment Court has overturned a line of authority that one particular form of transitional provision in standard local environmental plans (LEP) has the effect of making those instruments largely irrelevant to the determination of development applications lodged … Continue reading

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Changes Imminent to the Companion Animals Act 1998

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 … Continue reading

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The Land Locked Lot and the Park: Court imposed easements

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 … Continue reading

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