Building & Construction
Lapsing of Staged Development Consents – An Update

Lapsing of Staged Development Consents – An Update

Key Takeaways This decision clarifies the circumstances surrounding the lapsing of development consents. The case highlights the importance of the wording in each unique development consent. Development consents may not lapse in the context of staged developments...

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COVID-19 Splinter Award Continuation for Councils

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...

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Consolidation of SEPPs – A Summary of Recent Changes

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Key Takeaways 45 State Environmental Planning Policies ("SEPPS") have been repealed and consolidated into 11 new SEPPS.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 The repealed SEPPs no longer apply to any existing development consents, and the new consolidated...

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Introducing Corporate Collective Investment Vehicles

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...

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Changes to Stamp Duty: What You Need to Know

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...

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High Court lays down the law on asset-based lending

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...

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Crown directors dealt a winning hand as ASIC backs off

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...

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