Insights
Development Control Orders – Why Subjective Facts Are Relevant
The Land and Environment Court in Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203 has upheld an appeal against a development control order claiming prohibition of use issued to a fitness gym. Key Takeaways Councils must take into consideration...
COVID-19 Splinter Award Continuation for Councils
Key Takeaways An award has been proposed largely in the same terms as the Local Government (COVID-19) Splinter (Interim) Award 2021 made by the Commission which will remain in force until April 2023. Paid COVID-19 special leave, a job retention allowance and leave...
After a delay of 141 weeks a builder is entitled to payment after an owner’s contract termination
Can a builder still recover payments due under a building contract after being 141 weeks late in completing works? Key takeaways Despite the owner terminating a building contract for serious delay and breach by the builder in failing to provide supporting documents...
Consolidation of SEPPs – A Summary of Recent Changes
Key Takeaways 45 State Environmental Planning Policies ("SEPPS") have been repealed and consolidated into 11 new SEPPS. The consolidated SEPPs commenced on 1 March 2022. The repealed SEPPs no longer apply to any existing development consents, and the new consolidated...
Introducing Corporate Collective Investment Vehicles
Traditionally it has been perceived that a lack of familiarity by foreign investors with the trust based structure of Australian managed investment schemes has been a significant barrier to attracting offshore investment in Australian funds. To combat this, from 1...
Changes to Stamp Duty: What You Need to Know
Key Takeaways The scope of stamp duty is expanding, with declarations of trust and changes in beneficial ownership potentially becoming dutiable. Australian based developers that are foreign persons may be able to apply for a refund of stamp duty where residential...
High Court lays down the law on asset-based lending
A recent case decided by the High Court found that the lender of an asset-based facility acted unconscionably in making a loan available to the borrower and ordered that the loan and mortgage be set aside. Key Takeaways Lenders must carefully scrutinize the...
Crown directors dealt a winning hand as ASIC backs off
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...
Employee or Independent Contractor? High Court says the contract is key
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...
ATO resumes pursuit of unpaid taxes following easing of COVID-19 restrictions
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...
Non Fungible Tokens in the IP world – what should you be taking note of?
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...
Planning Certificates and the Operation of Section 43A of the Civil Liability Act – Recent Update
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...
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