Category Archives: property | commercial

Overview of Proposed 2018 Native Title Reforms

In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment … Continue reading

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UPDATE – proposed planning framework for Short-Term Rental Accommodation available for comment

The Department of Planning & Environment (Department) has recently released for public comment an Explanation of Intended Effect (EIE) regarding proposed amendments to the planning rules relating to short-term rental accommodation (STRA) in New South Wales (NSW). Amendments to existing … Continue reading

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UPDATE – NSW Government moves to regulate Airbnb and HomeAway by passing the Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018

The State Government has almost finalised the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales by passing the Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill). The … Continue reading

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NSW Government one step closer to regulating Airbnb

The State Government has taken the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales (NSW) by introducing the  Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill).

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WestConnex – Proposed compulsory acquisition notice ruled invalid

A notice for the proposed compulsory acquisition of land (PAN) required under the Roads Act 1993 for the WestConnex project has been ruled invalid by the Supreme Court. In addition to holding that the proposed acquisition notice failed to meet … Continue reading

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Update: Strata Renewal Plan Applications – Guidance from the LEC on joinder and costs

In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to  Strata Renewal Plans (SRP Application) under the Strata Schemes Development … Continue reading

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“Significant development” – a new avenue in FSR calculations?

An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.

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On the road again: scope of protection for councils under s45 of the Civil Liability Act 2002 expanded

In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under … Continue reading

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Build it up – developing in airspace

Increasing density in urban areas is resulting in greater pressure for increased building heights. Inevitably, this will lead to greater pressure to capitalise upon the value of air space. A recent decision of the Land and Environment Court (‘Court‘) has considered … Continue reading

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Greater (un)certainty lies ahead for Airbnb and Short-term Holiday Letting in NSW

Recently, the NSW Government released an Options Paper on Short-term Holiday Letting (STHL) in NSW. The STHL industry in NSW has expanded significantly in recent years and in response to this, in 2016, the NSW Government conducted a public inquiry on the Adequacy of … Continue reading

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