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Fair Work Commission decision raises doubt about legal status of local councils in NSW
Section 220 of the Local Government Act 1993 (NSW) declares that a council is ‘is a body politic of the State’ and ‘is not a body corporate (including a corporation)‘. Amongst other things, this declaration is considered to largely shield…
Employment law: what is a ‘reasonable’ period of probation?
For the first time in the context of a local council, the recent decision of the NSW Industrial Relations Commission (IRC) in Shrestha v City of Ryde Council [2024] NSWIRComm 1005 has considered the interactions between differing lengths of probationary…
Bill to Change Costs in Discrimination Proceedings Introduced to Federal Parliament
Introduction Following the Respect@Work report into harassment and discrimination in the workplace, many changes have been made to the harassment and discrimination legal framework at the Federal level, including extending the protections offered under the Age Discrimination Act 2004, Disability…
Changes to Defamation Law: New Exemptions and Defences for the Digital Age
In a world where anyone can post content online, including anonymously, the traditional understanding of a ‘publisher’ for the purposes of defamation law has been a vexed issue. Several High Court decisions in recent years have tried to define who…
How much ‘disturbance’ is required before compensation is payable when land is compulsorily acquired?
Given the significant number of public infrastructure construction projects at all levels of government – and particularly with large projects such as Sydney Metro, Western Sydney Airport, and WestConnex – the law regarding the compulsory acquisition of rights and interests…
Physical commencement – unlawful preparatory works in breach of condition of consent
Establishing whether a development consent has lapsed often involves a question about whether the works undertaken on the site have been “physically commenced”. However, it has long been established that works purportedly undertaken that are unlawful because they are in…
When is a height control a development standard?
The question of whether a particular clause is or is not a development standard has been a matter of considerable debate over many years. As discussed in our earlier blog here (Subdivisions and Development Standards), where a clause in an…
Post-election Ministry restructures – Administrative Arrangements Order 2023
Following the changeover of Government after the 25 March 2023 election to the Labor Minns government, the Governor has issued several administrative orders: Administrative Arrangements (58th Parliament) Order 2023 (58th AA), Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2023, Administrative Arrangements…
Pollution can constitute ‘substantial damage’ and allow a purchaser to rescind
The Conveyancing Act 1919 (CA Act) and many contracts for the sale of land provide for circumstances where a party can rescind or terminate the contract prior to completion. One of those reasons is outlined in section 66L of the CA…
Council liable for reliance expenditures even where plaintiff went bust
Signing a contract – in this case, an agreement for lease of land at an airport – is a commitment by both parties to comply with the obligations set out in that document. Sometimes things do not go to plan…
UK Court declares overlooking can constitute private nuisance
The tort of nuisance provides common law protections for owners and users of land against substantial and unreasonable interference by others with their use and enjoyment of the land. This usually includes things like preventing neighbours from creating loud noises,…
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