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.
Uncertainty in Development Consents – A Matter of Construction
Development consents are required to be framed in clear terms, for the obvious purpose of ensuring that the beneficiary of a consent, successors in title to the land enjoying the benefit of the consent, and the public at large are aware of what has precisely been...
Public Interest Litigation and the NSW Land and Environment Court’s Approach to Costs
The general rule in class 4 proceedings in the Land and Environment Court is that costs follow the event or, more colloquially, the losing party pays the winning party’s costs of the proceedings. In limited circumstances the Court has power to order otherwise. One of...
Monetary Damages Claims in the NSW Land and Environment Court
The NSW Land and Environment Court is a specialist environmental court of superior record, established on 1 September 1980 by the Land and Environment Court Act 1979 (NSW) ("the Court Act"). The Court’s jurisdiction traverses the gamut of civil and criminal matters...
Third Party Participation in Class 1 Proceedings in the NSW Land and Environment Court
Class 1 merit appeals in the Land and Environment Court are typically contests between home owners or developers – appealing the actual or deemed refusal of a development application – and the relevant consent authority. Participation by third parties in class 1...
Stamp Duty Claims associated with the Compulsorily Acquisition of Land
One of the more contentious issues associated with the compulsory acquisition of land in NSW is the issue of stamp duty, and whether or not a dispossessed land owner is entitled to claim – in addition to the other heads of compensation available – stamp duty and...
NSW Court of Appeal Rejects Retrospective Determination of Practical Completion
The determination of the date of practical completion under a construction contract has a number of important flow on effects, including the commencement of the defects liability period, the establishment of a reference date for the making of a further or final...
Remaining in Occupation after your Property is Compulsorily Acquired – Are you Required to Pay Rent to the Acquiring Authority?
The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ("Just Terms Act") provides that, where a dispossessed land owner remains in occupation of a property after its compulsory acquisition, the acquiring authority is entitled to impose reasonable terms on that...
Hardship Claims under the Just Terms Act – New Right of Review
Owners of land reserved for a public purpose, such as future road widening, trunk drainage or public open space, must typically wait for the acquiring authority to take the necessary steps to acquire the land. That process can take several years. The only exception...
Subdivision Applications and the Need for a Separate Application Demonstrating Built Form Outcomes – Court upholds the Parrott Planning Principal
In the recent decision of Rudder Developments Two Pty Ltd v Inner West Council [2017] NSWLEC 1132, the Land and Environment Court upheld the planning principle that where the proposed allotments are smaller than usual, environmentally sensitive or where significant...
Divi University
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