Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
Does the Court have a power to amend a modification application?
On 3 June 2021, the NSW Court of Appeal handed down its decision in AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112. Whilst the crux of the case related to the determination of an application to join (intervene) the...
New Laws Protecting Residential Apartment Buildings from Defects
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (“the Act”) commenced on 1 September 2020. The Act contains provisions aimed to prevent developers from carrying out construction that may result in building defects, which can lead...
New Land and Environment Court Appeal Rights
The Covid-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 (NSW) ("COVID Act") came into effect on 14 May 2020 and amended the Environmental Planning and Assessment Act 1979 (NSW) ("EPA Act") by doubling the time period for lodging merit appeals...
Design and Building Practitioners Act 2020
The Design and Building Practitioners Act 2020 (NSW) (“Design Act”) was introduced in response to concerns about building defects within NSW. The Design Act commenced on 11 June 2020, with certain parts of the Design Act commencing on that day (including the statutory...
NSW Planning Reforms: Appealing Planning Proposals and Rezoning Applications
The NSW Department of Planning, Industry and Environment ("Department") has adopted a ‘Planning Reform Action Plan’ ("Action Plan"). The Action Plan introduces numerous changes including a new class of merit-based appeals in the Land and Environment Court for planning...
New Planning Reforms Create Change of Play for Development and Construction
The development and construction sectors are vital in supporting economic recovery following the COVID-19 crisis, being key drivers of investment and employment in the NSW. Planning reforms seek to boost these sectors. In late 2019, in response to low development...
The Scheduled Demise of Interim Occupation Certificates, Yet Again
Following a number of reprieves (firstly 1 November 2018, then 1 November 2019), interim occupation certificates will now become obsolete on 1 December 2019 by virtue of the commencement of certain amendments to Part 6 of the Environmental Planning and Assessment Act...
The Compulsory Acquisition of Land under Contract for Sale and Compensation Considerations
Where a party enters into a sale contract to purchase land and – prior to settlement – that land is compulsorily acquired by a government authority, a potential tension arises in circumstances where the market value determined by the Valuer-General is less than the...
Update on Cost Orders in Class 3 Proceedings in the NSW Land and Environment Court
When a dispossessed landowner – having had their land or an interest in land compulsorily acquired – elects to challenge the Valuer-General’s determination of compensation in the Land and Environment Court, the usual rule is that an applicant will be entitled to...
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