The New South Wales Court of Appeal has issued an important reminder that a council’s general power to enter into contracts does not allow it to charge fees other than those struck in accordance with the mandatory procedures for the fixing of fees for…
Can an offer be altered in a tendering context?
21 Apr, 2015
A recent Supreme Court decision provides some guidance as to the extent to which it is open for a tenderer to vary the terms of its offer after submission of its response to an invitation to tender, and at what…
Tribunal Overturns Suspension of Councillor
22 May, 2014
A Marrickville councillor who was suspended for two months by the Director-General of the Division of Local Government (DG) for engaging in misconduct has succeeded in having the suspension overturned in the NSW Civil and Administrative Tribunal (Tribunal).
Court prevents sale of community land in Manly
12 Nov, 2013
The case of Save Little Manly Beach Foreshore Incorporated v Manly Council (No 2) [2013] NSWLEC 156, decided by Biscoe J on 9 October 2013, serves as a timely reminder to councils of the importance of precisely following the procedures for classifying…
Council Contracts Limiting Statutory Powers – Court Upholds Council Dishonouring Rates Agreement
19 Sep, 2013
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…
ADT considers whether working for organisation funded by council should disqualify councillor
4 Feb, 2013
The Administrative Decisions Tribunal has recently considered whether it should make an order disqualifying a councillor from holding civic office who, at the time of her election, worked with a private organisation in a position that was partly funded by the council.
New Model Code of conduct framework
20 Dec, 2012
On 19 December 2012, the Division of Local Government published a new Model Code of Conduct Framework which will commence on 1 March 2013. LTL will be having a close look at the substance of the changes in an upcoming…
A recent case in the Supreme Court of New South Wales has highlighted the importance of avoiding or managing non-pecuniary conflicts of interests. Although the case involved a councillor, all persons bound by the Code of Conduct, including council staff and…
The Land and Environment Court handed down its decision in the case of Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139 on 20 June 2012. The case involved judicial review proceedings that challenged the Council’s ban…
Local Government Amendment Act 2012
11 May, 2012
The Local Government Act 2012 (‘Amendment Act‘) was assented to on 4 April 2012. The Amendment Act amends the Local Government Act 1993 (‘LGA‘) in relation to the following matters: leases and licences of community land, vacancies in civic office,…
In Samy Saad v City of Canterbury [2012] NSWSC 389 the Supreme Court imposed an easement in the form of a right of way (‘ROW‘) over a council owned public reserve to facilitate access to landlocked residential land to enable the owner to…
The Land and Environment Court of NSW has recently handed down a decision in SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23 in which the Court considered the “extenuating circumstances” and “unavailability of competitive or reliable tenders”…