Key takeaways Crown directors avoid ASIC prosecution partly because they were entitled to rely on "what they were being told by senior management". Directors may properly discharge their duties and defend against claims of breach by reasonably relying on information...
The High Court recently handed down two decisions that mark a significant shift in how employment and independent contractor relationships are determined. Essentially, the High Court has held that the terms of the written contract will determine whether a person is an...
The ATO has recently confirmed the recommencement of debt recovery actions with the easing of COVID-19 restrictions, and it appears that enforcement action by the ATO will ramp up significantly in 2022. Director Penalty Notices (DPNs) act as a mechanism for debt...
What are Non-Fungible Tokens Non Fungible Tokens (NFT) are all the rage in the crypto world. For those of you who are unaware of what a NFT is, a NFT is a non-interchangeable unit of data stored on a blockchain, a form of digital ledger, that can be sold and traded as...
A recent Court of Appeal decision has provided clarity as to whether the protection afforded to public authorities by s 43A applied to the issuing of planning certificates by councils pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment...
The Court of Appeal in Della Franca v Lorenzato; Burwood Council v Lorenzato [2021] NSWCA 321 has recently overturned a Supreme Court decision in which it was held that a council resolution was a 'policy' relating to flooding and thus required to be disclosed on a s...
The recent decision of Gardiner v Central Coast Council [2022] NSWLEC 1007 emphasises the difficulties associated with proposed self-enforcement of flood management strategies. Background The applicant sought development consent from Central Coast Council ("Council")...
A recent decision by the NSW Land and Environment Court has reaffirmed that a consent authority, in the granting of a development application, cannot require the dedication of land free of cost without a Voluntary Planning Agreement or the land being included in a...
The recent decision of Moffat v Woollahra Municipal Council [2022] NSWLEC 1016 is a salient reminder for councils reviewing development applications that the aims and objectives of planning controls can be met in a manner that preserves heritage significance....
Takeaways A planning certificate issued pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment Act 1979 (NSW) ("the Act") is required to be annexed to contracts for the sale of land in New South Wales. A Section 10.7 certificate provides...
After an 18 month trial period the NSW Parliament has now made the temporary provisions which allowed for the remote witnessing of important legal documents such as wills, statutory declarations and affidavits, permanent. The decision to make these measures permanent...
As the Omicron variant continues to impact small business across the country, New South Wales has extended its rent relief measures. With staff shortages, reduced foot traffic and forced closures taking hold of many small businesses, the move attempts to balance these...