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Signing legal documents remotely in NSW
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….
Excluded information and invalid GIPA Act applications
The objective of the Government Information (Public Access) Act 2009 (Act) is generally to maintain and advance a system of responsible government that is open and accountable and facilitates access to government information to the public. Although the Act provides…
How is light pollution regulated in NSW?
It has been claimed that artificial light at night is the fastest growing pollutant in the world. And whether or not that is demonstrably the case, it does seem that relatively little has been written about how law and policy…
NSW Supreme Court considers when executed lease documents are binding
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…
Risk management of public land and demonstrating a reasonable risk management system
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
Defamation law reforms: What’s changed for public officials?
The Defamation Amendment Act 2020 (Amending Act) commenced operation on 1 July 2021. It represents the first stage of proposed reforms to defamation law. The Amending Act significantly reformed the Defamation Act 2005 (Defamation Act). But how are these changes relevant to…
IPART Review of Rate Peg – Population Growth
The Independent Pricing and Regulatory Tribunal (IPART) is reviewing the rate pegging system to include population growth. The ‘rate peg’, under s506 of the Local Government Act 1993 , is the maximum percentage by which a council may increase its…
GIPA Act and Privileged Legal Advice
The NSW Civil and Administrative Tribunal recently discussed the risk of waiving privilege where the substance of legal advice is inadvertently disclosed. The proceedings arose out of an application for information under the Government Information (Public Access) Act 2009 (GIPA Act). The…
UPDATED: Can a modification application be amended?
Consent authorities assessing applications to modify development consents, usually under s 4.55 of the Environmental Planning and Assessment Act 1979 (EPA Act), have generally assumed that they could accept an amended form of the modification application. However, a recent decision…
UPDATE – Amendments to flood prone land use regulations and controls commencing in July 2021
Last year, we blogged about the exhibition of the NSW Department of Planning, Industry and Environment (Department)’s proposed updates to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘)….
Is the GIPA application valid? The NCAT considers s41(1)(e) of the GIPA Act
The NSW Civil and Administrative Review Tribunal recently found an application made for information under the Government Information (Public Access) Act 2009 (GIPA Act) to be invalid because the application did not include sufficient information for the agency to identify the…
ALERT: Proposed Changes to NSW Privacy Laws – Release of Consultation Draft of Privacy and Personal Information Protection Amendment Bill 2021 including introduction of proposed mandatory notification of data breaches scheme
On 7 May 2021, the State Government released for public consultation a draft of the Privacy and Personal Information Protection Amendment Bill 2021 (‘Draft Bill‘), which proposes to amend the Privacy and Personal Information Protection Act 1998 (‘PPIP Act‘) namely…
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