In the Media
NSW government abandons controversial public housing
development in Glebe
The New South Wales government has scrapped plans to
redevelop a controversial inner-Sydney public housing block, but
will push ahead with refurbishing and redeveloping two other sites
(17 June 2023). More.
Developers 'laughing' about windfall under NSW
government's planning changes, mayor warns
Eastern suburbs mayor criticises incentives for large
developments involving 15% affordable housing as debate continues
on how to ease the housing crisis (16 June 2023). More.
Australian-made ferries to take to Parramatta
River
Seven new Australian-made ferries will take to Parramatta
River after the NSW Government awarded the construction tender to
Richardson Devine Marine Shipbuilders in Hobart (26 June 2023).
Read more here.
New planning rules mean more affordable housing
The NSW Government will improve the planning system to
incentivise residential housing developers that include at least
15% affordable housing in their plans (15 June 2023). Read more here.
Practice and Courts
AAT Bulletin Issue No.11/2023
The AAT Bulletin is a fortnightly publication containing
information about recently published decisions and appeals against
decisions in the AAT's General, Freedom of Information,
National Disability Insurance Scheme, Security, Small Business
Taxation, Taxation & Commercial and Veterans' Appeals
Divisions Cases (19 June 2023). Read more here.
Re-issued Practice Note SC CL 02 - Criminal
Proceedings
On 26 June 2023 the Chief Justice reissued Practice Note
SC CL 2 - Criminal Proceedings, with a commencement date of 27 June
2023. Read more here.
Re-issued Practice Note SC EQ 07 - Succession and
Probate Lists
On 16 June 2023 the Chief Justice reissued Practice Note
SC EQ 07 - Succession & Probate Lists, with a commencement date
of 1 July 2023. Read more here.
Re-issued Practice Note SC EQ 01 - Case Management in
the Equity General List
On 16 June 2023 the Chief Justice reissued Practice Note
SC EQ 01 - Case Management in the Equity General List, with a
commencement date of 1 July 2023. Read more here.
Cases
Stalvies v Snowy Monaro Regional
Council [2023] NSWCATAD
166
ADMINISTRATIVE REVIEW - government information - personal
information - whether disclosure could reasonably be expected to
reveal personal information - whether disclosure could
contravention of Privacy and Personal Information Protection Act
1998.
Civil and Administrative Tribunal Act 2013; Government Information
(Public Access) Act 2009 (NSW); Local Government Act 1993 (NSW);
Privacy and Personal Information Protection Act 1998.
Taphouse Investments Pty Ltd v
Independent Liquor and Gaming Authority
[2023] NSWCATAP 171
APPEALS - moot appeals - appeal in administrative review
proceedings - administrative review of Tribunal decision affirming
a decision of the Liquor & Gaming Authority to refuse an
application for an extended trading hours authorisation - change of
hotel licensee subsequent to the Tribunal's decision -
interpretation of s 49 (2) of the Liquor Act concerning
applications for an extended trading hours authorisation - whether
the authorisation power applies to the hotel licensee from time to
time or can only be granted to the applicant/licensee - whether the
grant of a liquor licence and extended trading hours authorisation
runs with the hotel premises - whether any utility in determining
the merits of the appeal - whether discretion should be exercised
to determine the appeal even though it has no practical
consequences for the parties.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Gaming and Liquor
Administration Act 2007 (NSW); Liquor Act 2007 (NSW).
Entrepreneur Enterprises Pty Ltd v
Lane Cove Municipal Council [2023] NSWLEC
1323
APPEAL - development application - increase in numbers at
a centre based child care facility - acoustic impact - Plan of
Management - whether Plan of management is acceptable.
Education and Care Services National Regulations 2011;
Environmental Planning and Assessment Act 1979; Lane Cove Local
Environmental Plan 2009; State Environmental Planning Policy
(Transport and Infrastructure) 2021.
Gogulan v Chief Commissioner of State
Revenue [2023] NSWCATAD
162
TAXES AND DUTIES - land tax - principal place of residence
exemption - onus of proof.
Administrative Decisions Review Act 1997 (NSW); Land Tax Management
Act 1956 (NSW); Taxation Administration Act 1996 (NSW).
Wei v Chief Commissioner of State
Revenue [2023] NSWCATAD
161
TAXES AND DUTIES - surcharge land tax - liability.
Foreign Acquisitions and Takeovers Act 1975 (Cth); Administrative
Decisions Review Act 1997; Duties Act 1997; Land Tax Act 1956; Land
Tax Management Act 1956; State Revenue Legislation Amendment
(Budget Measures) Act 2016; State Revenue and Other Legislation
Amendment (Budget Measures) Act 2017; State Revenue and Fines
Legislation Amendment (Miscellaneous) Act 2022; Taxation
Administration Act 1996.
Dugandzic v Randwick City
Council [2023] NSWLEC
1319
DEVELOPMENT APPLICATION - mixed use development -
exceedance of the height of buildings development standard - design
excellence.
Environmental Planning and Assessment Act 1979; Land and
Environment Court Act 1979; Randwick Local Environmental Plan
2012.
Togias v State of New South
Wales [2023] NSWSC
665
LAND LAW - Co-ownership - second defendant has recently
become the registered proprietor of certain residential real
property occupied by the plaintiff and her former de facto partner
- the second defendant has acquired title to the property
consequent upon the making of orders under the Criminal Assets
Recovery Act 1990 against the plaintiff's former de facto
partner - the Court of Appeal has declared that the plaintiff has a
25% interest in the property and the second defendant holds the
other 75% - the second defendant now seeks to sell the property -
whether the defendant has an immediate right to possession of the
property against the plaintiff, a co-owner in equity - whether the
plaintiff occupies the property as a tenant at will of the second
defendant - whether judgment for possession should be entered in
favour of the second defendant against the plaintiff - whether the
issue of a writ for possession should be stayed.
Civil Procedure Act 2005; Conveyancing Act 1919; Criminal Assets
Recovery Act 1990; Uniform Civil Procedure Rules 2005.
Salmon v Mosman Municipal
Council [2023] NSWLEC
1310
MODIFICATION APPLICATION - modification application to
original consent - dwelling house development in C4 Environmental
Living zone - whether substantially the same - no public
submissions made - reasons given for the grant of consent.
Environmental Planning and Assessment Act 1979; Environmental
Planning and Assessment Regulation 2021; Mosman Local Environmental
Plan 2012; State Environmental Planning Policy (Biodiversity
Conservation) 2021; State Environmental Planning Policy (Building
Sustainability Index: BASIX) 2004.
Brown v Transport for New South
Wales [2023] NSWLEC
1309
COMPULSORY ACQUISITION - objection to the amount of
compensation offered by the Respondent - conciliation conference -
agreement between the parties - orders.
Conveyancing Act 1919; Land Acquisition (Just Terms Compensation)
Act 1991; Land and Environment Court Act 1979.
Johal v Transport for New South
Wales [2023] NSWLEC
1308
COMPULSORY ACQUISITION - conciliation conference -
compensation - agreement between the parties - orders.
Land Acquisition (Just Terms Compensation) Act 1991; Land and
Environment Court Act 1979; Roads Act 1993.
Strata Plan 87988 v Newcastle City
Council [2023] NSWLEC
1307
DEVELOPMENT CONTROL ORDER APPEAL - fire safety - modified
order - conciliation conference - agreement between the parties -
orders.
Environmental Planning and Assessment Act 1979; Land and
Environment Court Act 1979.
Redbank United Pty Ltd v Blue
Mountains City Council [2023] NSWLEC
1295
APPEAL - deemed refusal - application for construction of
single dwelling and detached carport with driveway to road to be
constructed by Applicant on road reserve - need to take into
account aims of Plan (cl 1.2) of the Blue Mountains Local
Environmental Plan 2015 - importance of Special Local Provisions of
the Blue Mountains Local Environmental Plan - did the Contentions
address 'real' issues - information requested by Respondent
and required in order to make assessment not, or inadequately,
provided - was the calculation of the area of vegetation to be
impacted by the proposed development correct - was the area of
vegetation to be cleared such as to trigger entry into the
Biodiversity Offsets Scheme (BOS) - was a Biodiversity Assessment
Report (BDAR) required - can deficiencies in data availability be
satisfied by deferred commencement conditions and operational
conditions.
Biodiversity Conservation Act 2016; Biodiversity Conservation
Regulation 2017; Blue Mountains Local Environmental Plan 2015;
Civil Procedures Act 2005; Environmental Planning and Assessment
Act 1979; Environmental Protection and Biodiversity Conservation
Act 1979 (Cth); Land and Environment Court Act 1979; Sydney
Regional Environmental Plan No 20 - Hawkesbury - Nepean River (No
2-1997); Water Management Act 2000.
Legislation
NSW Legislation
Regulations and other miscellaneous instruments
Access Licence Dealing Principles (Interstate
Assignments) Order 2023 - published LW 23 June 2023.
Administrative Arrangements (Administrative Changes
- Miscellaneous) Order (No 4) 2023 - published LW 23 June
2023.
Building Legislation Amendment Regulation 2023
- published LW 23 June 2023.
Environmental Planning and Assessment Amendment
(Lismore City Local Planning Panel) Regulation 2023 - published
LW 23 June 2023.
Government Sector Employment Amendment Regulation
2023 - published LW 23 June 2023.
Point to Point Transport (Fares) Order 2023 -
published LW 23 June 2023.
Supreme Court (Amendment No 434) Rule 2023 -
published LW 23 June 2023.
Transport Administration (General) Amendment (State
Tax Exemption) Regulation 2023 - published LW 23 June
2023.
Uniform Civil Procedure (Amendment No 100) Rule
2023 - published LW 23 June 2023.
Water Management (General) Amendment (Access
Licence Exemption) Regulation 2023 - published LW 23 June
2023.
Water Sharing Plan for the Bega River Area
Regulated, Unregulated and Alluvial Water Sources 2023 -
published LW 23 June 2023.
Water Sharing Plan for the Bellinger River Area
Unregulated and Alluvial Water Sources Amendment Order 2023 -
published LW 23 June 2023.
Water Sharing Plan for the Brunswick Unregulated
and Alluvial Water Sources Amendment Order 2023 - published LW
23 June 2023.
Water Sharing Plan for the Clarence River
Unregulated and Alluvial Water Sources Amendment Order 2023 -
published LW 23 June 2023.
Water Sharing Plan for the Greater Metropolitan
Region Groundwater Sources 2023 - published LW 23 June
2023.
Water Sharing Plan for the Greater Metropolitan
Region Unregulated River Water Sources 2023 - published LW 23
June 2023.
Water Sharing Plan for the Hastings Unregulated and
Alluvial Water Sources Amendment Order 2023 - published LW 23
June 2023.
Water Sharing Plan for the Macleay Unregulated and
Alluvial Water Sources Amendment Order 2023 - published LW 23
June 2023.
Water Sharing Plan for the Nambucca Unregulated and
Alluvial Water Sources Amendment Order 2023 - published LW 23
June 2023.
Water Sharing Plan for the North Coast Coastal
Sands Groundwater Sources Amendment Order 2023 - published LW
23 June 2023.
Water Sharing Plan for the Richmond River Area
Unregulated, Regulated and Alluvial Water Sources 2023 -
published LW 23 June 2023.
Water Sharing Plan for the Tweed River Area
Unregulated and Alluvial Water Sources 2023 - published LW 23
June 2023.
Environmental planning instruments
Canterbury-Bankstown Local Environmental Plan
2023 - published LW 23 June 2023.
Kempsey Local Environmental Plan 2013 (Amendment No
32) - published LW 23 June 2023.
Parramatta Local Environmental Plan 2023 (Amendment
No 4) - published LW 23 June 2023.
Tamworth Regional Local Environmental Plan 2010
(Map Amendment No 1) - published LW 23 June 2023.
Commonwealth
Act compilation
Ozone Protection and Synthetic Greenhouse Gas
(Import Levy) Act 1995 27/06/2023 - Act No. 126 of 1995 as
amended.
Therapeutic Goods Act 1989 21/06/2023 - Act No.
21 of 1990 as amended.
National Consumer Credit Protection Act 2009
21/06/2023 - Act No. 134 of 2009 as amended.
Ozone Protection and Synthetic Greenhouse Gas
(Manufacture Levy) Act 1995 19/06/2023 - Act No. 125 of 1995 as
amended.
Customs Act 1901 15/06/2023 - Act No. 6 of 1901
as amended.
Bill
Migration Amendment (Overseas Organ Transplant
Disclosure and Other Measures) Bill 2023 22 June 2023.
Treasury Laws Amendment (Making Multinationals Pay
Their Fair Share - Integrity and Transparency) Bill 2023 22
June 2023.
Migration Amendment (Strengthening Employer
Compliance) Bill 2023 22 June 2023.
Intellectual Property Laws Amendment (Regulator
Performance) Bill 2023 22 June 2023.
Classification (Publications, Films and Computer
Games) Amendment (Industry Self-Classification and Other Measures)
Bill 2023 22 June 2023.
Crimes Legislation Amendment (Combatting Foreign
Bribery) Bill 2023 22 June 2023.
Environment Protection (Sea Dumping) Amendment
(Using New Technologies to Fight Climate Change) Bill 2023 22
June 2023.
Intelligence Services Legislation Amendment Bill
2023 22 June 2023.
International Organisations (Privileges and
Immunities) Amendment Bill 2023 21 June 2023.
National Occupational Respiratory Disease Registry
Bill 2023 21 June 2023.
National Occupational Respiratory Disease Registry
(Consequential Amendments) Bill 2023 21 June 2023.
Biosecurity Amendment (Advanced Compliance
Measures) Bill 2023 21 June 2023.
Freeze on Rent and Rate Increases Bill 2023 20
June 2023.
Australian Capital Territory (Self-Government)
Amendment Bill 2023 20 June 2023.
Interactive Gambling Amendment (Ban on Gambling
Advertisements) Bill 2023 19 June 2023.
Broadcasting Services Amendment (Healthy Kids
Advertising) Bill 2023 19 June 2023.
Greenhouse and Energy Minimum Standards Amendment
(Administrative Changes) Bill 2023 15 June 2023.
Home Affairs Bill 2023 15 June 2023.
Broadcasting Services Amendment (Ban on Gambling
Advertisements During Live Sport) Bill 2023 14 June 2023.
Treasury Laws Amendment (2023 Law Improvement
Package No. 1) Bill 2023 14 June 2023.
Treasury Laws Amendment (2023 Measures No. 3) Bill
2023 14 June 2023.
Public Service Amendment Bill 2023 14 June
2023.
Counter-Terrorism Legislation Amendment (Prohibited
Hate Symbols and Other Measures) Bill 2023 14 June 2023.
Murdoch Media Inquiry Bill 2023 14 June
2023.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.