In the media – National
$73.1 million package of measures for PFAS
management
The PFAS Taskforce has announced that the Australian
Government is continuing to support local communities affected by
PFAS contamination with a new $73.1 million package of measures (11
May 2018).
More...
Councils taking action on climate change
Local councils and communities are taking action on
climate change in Australia according to a nationwide report
released recently (11 May 2018).
More...
Budget: councils 'in the vice' on population
pressures
Regional local governments are disappointed with the lack
of increases to financial grants while metropolitan councils feel
the budget is silent on growing population, expert says (10 May
2018).
More...
Budget: disappointment on local roads, community
infrastructure
Local government peaks welcome ongoing funding for key
roads, bridges and regions programs but say inaction on financial
grants means councils face a shortfall (09 May 2018).
More...
Councils look to budget for funding boost
A new $300 million a year community infrastructure fund
and a boost to grants are among the measures local government are
hoping to see in tonight's federal budget (08 May 2018).
More...
2018 Regional Telecommunications Review to
commence
Minister for Regional Communications, Senator Bridget
McKenzie, has announced the committee which will undertake the next
review of telecommunications services in regional, rural and remote
areas (04 May 2018).
More...
Mixed reaction to environment ministers' recycling
agreement
Local government welcomes new pledge to tackle waste but
recycling industry says implementation detail and funding are
missing (01 May 2018).
More...
In the media – Queensland
Logan Mayor Luke Smith likely to be suspended if changes
pass Queensland's Parliament
The mayor of Australia's sixth largest council will
most likely be stood down as soon as changes to ministerial powers
pass through Queensland's Parliament. Under Queensland law,
official corruption and perjury are indictable offences (14 May
2018).
More...
Logan City councillor failed to declare campaign
donations for more than two years
A prominent Logan City councillor did not declare more
than $10,000 in campaign donations for more than two years,
including gifts from a planning firm, property developer and a
Taiwanese investment corporation (11 May 2018).
More...
LGAQ condemns call for council commission as sheer
madness
The Local Government Association of Queensland is
outraged by suggestions a 'public service-style commission'
is needed to rule over councils across Queensland. The LGAQ is
calling on the State Government to rethink the proposal before
going down this disastrous path (06 May 2018).
More...
More...
Queensland regional city builds landfill upon landfill
to save space
China's refusal to accept recycled material from
Australia highlights how regional communities are rethinking their
waste management strategies (06 May 2018).
More...
Councils adopt e-forms in digital transition
Residents in more than half of Queensland's councils
will soon be able to lodge council forms online, with self-service
on multiple devices and the potential for instant messaging (04 May
2018).
More...
More charges to come in Ipswich and other councils in
spotlight: CCC chair
The chairman of Queensland's corruption watchdog says
more charges will be laid in Ipswich and possibly elsewhere as the
CCC continues to investigate several councils and the State
Government moves closer to sacking Ipswich City Council (04 May
2018).
More...
Ipswich Council to be sacked as Mayor stands down amid
fraud charges
The entire Ipswich City Council will be sacked and
administrators appointed, the Local Government Minister announces,
as Andrew Antoniolli confirms he will stand down as Mayor after
being charged with fraud by Queensland's Crime and Corruption
Commission (03 May 2018).
More...
'Sack the council': Minister urged to act after
second Ipswich mayor charged
Queensland's Local Government Minister Stirling
Hinchliffe is under growing pressure to dissolve Ipswich City
Council, with the Opposition saying he is clearly empowered to act
and must do so for the good of Ipswich (03 May 2018).
More...
Ipswich Mayor Andrew Antoniolli charged with fraud
Ipswich Mayor Andrew Antoniolli could be expelled from
the Labor Party after Queensland's Crime and Corruption
Commission charged him with seven counts of fraud over the alleged
misuse of council money (02 May 2018).
More...
Calls for crackdown on local government misconduct
Queensland's councils have put forward tighter
transparency regulations beyond those proposed by the state's
corruption commission (01 May 2018).
More...
Recycling stockpile could cost Queensland councils $50
million per year
Queensland ratepayers may have to foot a $50 million bill
as the stockpiling of recycling in the wake of China's decision
to stop taking Australia's waste hits unprecedented levels, a
Senate inquiry has been told (30 April 2018).
More...
More transparency needed 'Beyond Belcarra'
The Local Government Association of Queensland has called
on the State Government to introduce even stricter reforms for
local government, beyond those recommended by the Crime and
Corruption Commission's (CCC's) Operation
Belcarra report. LGAQ CEO, Greg Hallam, AM said councils are
determined to be leaders in transparency and accountability to
guarantee public confidence and trust (29 April 2018).
More...
In the media – Victoria
MAV appoints experienced leader Kerry Thompson to CEO
role
The Board of the Municipal Association of Victoria
(MAV) has appointed experienced local and State
Government executive Kerry Thompson to the role of Chief Executive
Officer (14 May 2018).
More...
Victorian budget: Infrastructure, regions the big
winners
Local government, transport and health groups have
welcomed the Andrews Government's record investment in
infrastructure and community services (04 May 2018).
More...
Victoria aims to eliminate e-waste through council
partnerships
Product stewardship program, MobileMuster, has partnered
with local battery recycler, Envirostream, to offer councils new
recycling bins that collect mobiles phones and all types of
batteries (04 May 2018).
More...
Big infrastructure budget, but falls short on recycling
action
The Municipal Association of Victoria
(MAV) welcomed the Budget's big spend on State
and local infrastructure which will help councils to continue
providing services and facilities to communities, but warned the
recycling crisis would hit hard without further Government
investment and action (01 May 2018).
More...
In the media – New South Wales
LGANSW: Feds fund big projects but miss local
opportunities
The Federal Budget handed down by Treasurer Scott
Morrison tonight offers some benefits for the local government
sector, but focuses on individuals rather than communities, Local
Government NSW (LGNSW) said today (08 May 2018).
More...
In Practice and Courts
ALGA: Budget overview for local government
The Turnbull Government's 2018/19 Federal Budget has
left local government funding untouched with funding in key
programs such as Financial Assistance Grants
(FAGs) and Roads to Recovery
(R2R) to continue at current levels. A general
overview and economic outlook, Budget Priorities, Key initiatives
and savings measures and "of interest" to local
government are outlined here (1 May 2018). More analysis is
available on the ALGA
website.
More...
Applications now open for Round 2 Smart Cities and
Suburbs Program
Applications are now open for Round Two of the
Government's Smart Cities and Suburbs Program, which commits
$22 million to support local governments to solve local problems.
Some changes to the Program Guidelines for Round Two have been made
based on stakeholder feedback and learnings from Round One. The
full guidelines, as well as information on how to apply, are
available
at this link. For more information on the Smart Cities and
Suburbs Program please visit
https://cities.infrastructure.gov.au/smart-cities-program (04
May 2018). Applications close on 2 July 2018.
More...
OAIC Key dates
Australian Government Agencies Privacy Code
Commences 1 July 2018.
Australia 2021 Census – Have Your Say
The Australian Bureau of Statistics
(ABS) is
reviewing information in the 2021 Census of Population and
Housing to ensure the data collected will meet Australia's
needs to inform decisions made by governments, community
organisations, businesses and individuals. A public consultation
has been launched and councils are encouraged to make a
submission before the 30 June closing date.
National General Assembly (NGA) of Local Government
2018
The National General Assembly (NGA) of Local Government
is the peak annual event for local government, attracting in excess
of 800 mayors and councillors each year. This year's event
takes place at the National Convention Centre in Canberra from 17
– 20 June. Registrations are available
online. A
discussion paper is available to provide guidance to councils
for the development of Motions for debate.
LG Professionals Australia's National Congress and
Business Expo 2018
The LG Professionals Australia National Congress 2018
will be held in Canberra, 22-24 August, at the Canberra Rex Hotel.
More...
Local Government Regulation & Compliance
Conference
24 – 25 July 2018, Sydney - The national conference
will examine strategic approaches to regulatory compliance.
Strategies will be evaluated and successes measured. The forum will
provide a platform to discuss how the sector as a whole can strive
for consistency. High-level strategic themes will be tackled so
that lessons can be applied across all compliance divisions within
local government. More...
Queensland
LGAQ: Advocacy Action Plan released
The LGAQ has identified improving integrity and
accountability, as well as addressing financial sustainability as
the two major challenges local councils will continue to face for
the remainder of this local government term. The LGAQ advises using
this as a reference in dealings with the LGAQ. It identifies the
goals Queensland's local councils are pursuing as they work to
improve the lives of the people and communities they represent (11
May 2018).
More...
More...
LGAQ: What does the Federal Budget mean for
councils?
The LGAQ breaks down the budget and what it means for
Queensland councils (09 May 2018).
What does the Federal Budget mean for councils?
The ALGA has provided further details and resources
ALGA fact sheet 1 - Budget
Overview
ALGA fact sheet 2 -
Transport Funding
ALGA fact sheet 3 - Local
Government Financing
Australian Government Budget
documents
Draft Design report released for Brisbane Metro
Brisbane City Council has released the
Brisbane Metro Design Report for public consultation. Brisbane
Metro will comprise of a 21-kilometre metro network that services
18 stations. In March 2018 the Brisbane Metro was confirmed as a
'High Priority Project' on the nation's infrastructure
Priority List. Brisbane City Council is asking residents and
stakeholders to
provide their feedback, before 25 May 2018.
Queensland Government Gazette of 4 May 2018
Local Government Act 2009
Gazettal of Bundaberg Regional Council (Making of Local Law)
Notice (No. 1) 2018 relating to a number of amendment local laws
and subordinate laws made on 24 April 2018, including:
Administration (Amendment) Local Law (No. 1) 2018
Animal Management (Amendment) Local Law (No. 1) 2018
Community and Environmental Management (Amendment) Local Law (No.
1) 2018
Local Government Controlled Areas, Facilities and Roads
(Amendment) Local Law (No. 1) 2018
Local Law No. 8 (Waste Management) 2018
Local Law (Repealing) Local Law (No. 1) 2018.
Planning Act 2016
Gazettal of Ipswich City Council Public Notice Adoption of
Amendments to the Ipswich Planning Scheme Planning Scheme Minor
Amendment Package 01/2018 made on 23 April 2018 to commence on 8
May 2018.
Sustainable Planning Act 2009
Gazettal of Bundaberg Regional Council Adoption Of Local
Government Infrastructure Plan (LGIP) Amendment To
The Bundaberg Regional Council Planning Scheme And Related
Amendments To The Planning Scheme And Planning Scheme Policy For
Development Works by Bundaberg Regional Council on 24 April 2018,
commencing 7 May 2018.
Review of the Product Stewardship Act 2011
(including the National Television and Computer Recycling
Scheme)
The Department of Environment and Energy (Commonwealth)
is seeking input from industry, governments and the general public
to ensure the Product Stewardship Act 2011 is effective
and delivering the best outcomes for business and the environment.
The framework includes voluntary, co-regulatory and mandatory
product stewardship schemes and is of significant relevance to
local government. The LGAQ will be making a submission to the
Department and is seeking your input into this matter by 8 June
2018 (02 May 2018).
Have your say on product stewardship
Land Valuations Online
The new land valuation data for 2018 can be accessed
online at www.qld.gov.au/landvaluation.
Hard copies of the valuation list can be viewed at
Department of Natural Resources, Mines and Energy business centres
and local government offices during normal business hours until
close of business on 5 June 2018.
New South Wales
ICAC Prosecutions
Operation Dasha public inquiry into allegations concerning former
Canterbury City Council starts Monday
The Operation Dasha investigation public inquiry into allegations
concerning the former Canterbury City Council is adjourned until
Tuesday 12 June 2018.
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules.
More...
Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019).
Disaster Recovery Funding Arrangements
The federal government plans to replace the existing
Natural Disaster Relief and Recovery Arrangements with Disaster
Recovery Funding Arrangements on 1 July 2018. The DRFA permanently
removes restrictions on the use of normal-hours salary and wages
staff (day labour) and internal plant/equipment hire to councils
that agree to revised co-contribution arrangements. Councils are
encouraged to review the DRFA
arrangements online and provide early feedback, via an online survey (27
April 2018).
Victoria
New MAV website
The new MAV website went live
this week! Victorian councils and Insurance members are welcome to
sign up to our
members-only area of the website to access additional resources (10
May 2018).
New donation laws
The Victorian Government has
announced proposed new political donation laws for State MPs
with the Electoral Legislation Amendment Bill 2018
introduced to Parliament this week. The Bill seeks to cap donations
at $4,000 over a four-year parliamentary term, reduce disclosure
limits from $13,000 to $1,000 per year, ban foreign donations, and
require disclosure of all donations online in real time (08 May
2018).
Cases
Hacienda Caravan Park Pty Ltd v Dodge
[2018] NSWCATAP 108
APPEALS - contracts - general contractual principles -
formation - conduct - subsequent conduct STATUTORY INTERPRETATION -
interpretation - text, context and purpose - conflict between
provisions - hierarchy of provisions - condition of that approval
(which was periodically renewed) was that the operation of the Park
had to comply with the Local Government (Manufactured Home Estates,
Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation
2005 (the "Local Government Regulation")
Loft v Minister for Local Government, Minister for
Racing and Minister for Multicultural Affairs
[2018] QSC 96
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where
the Governor in Council dismissed the applicant as Mayor of the
Fraser Regional Coast Council on the recommendation of the
respondent under the Local Government Act 2009 (Qld)
– where the respondent recommended the applicant's
dismissal on the basis of 11 findings of misconduct or
inappropriate conduct as well as a complaint regarding the
disclosure of an email to a journalist – where the applicant
seeks that the decision of the Governor in Council be set aside
– where the applicant seeks a declaration that the Local
Government (Fraser Coast Regional Council – Dismissal of
Councillor) Amendment Regulation 2018 (Qld) is invalid.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – RELEVANT CONSIDERATIONS –where the Governor in
Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the complaint regarding disclosure of the email was
before the Local Government Remuneration and Discipline Tribunal
– whether the respondent failed to take into account that the
complaint was "unproven" – whether the respondent
was precluded from acting on the complaint because it was before
the Tribunal.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT CONSIDERATIONS – where the Governor
in Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
–– where disciplinary findings regarding "previous
inappropriate disclosures" by the applicant were taken into
account by the respondent – whether the respondent considered
whether the disclosed information was confidential – whether
the respondent considered whether the applicant knew or ought
reasonably to have known that the disclosed information was
confidential – whether the respondent improperly took the
applicant's "previous inappropriate disclosures" into
account – whether the complaint regarding disclosure of the
email was wrongly characterised as a breach of s.171(3) of the
Local Government Act 2009 (Qld) and as amounting to
misconduct.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where
the Governor in Council dismissed the applicant as Mayor of the
Fraser Regional Coast Council on the recommendation of the
respondent under the Local Government Act 2009 (Qld)
– where the respondent recommended the applicant's
dismissal on the basis of 11 findings of misconduct or
inappropriate conduct as well as a complaint regarding the
disclosure of an email to a journalist –where the applicant
made submissions to the respondent that the complaint regarding
disclosure of the email was "unproven" and before the
Tribunal – whether the respondent considered the
applicant's submissions – whether the respondent failed
to give proper, genuine and realistic consideration to the
applicant's submissions – whether the respondent breached
the rules of natural justice.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – OTHER CASES – where the Governor in Council
dismissed the applicant as Mayor of the Fraser Regional Coast
Council on the recommendation of the respondent under the Local
Government Act 2009 (Qld) – where the respondent
recommended the applicant's dismissal on the basis of 11
findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the respondent made a finding that there was a real
prospect that the applicant may engage in similar conduct in the
future if action was not taken against him – where the
respondent made a finding that the applicant's behaviour had
damaged and continued to damage the standing of, regard for and
confidence of the public in the Council, the position of Mayor of
the Council, the position of councillor of the Council and the
system of local government generally – whether there was
evidence or other material to justify those findings.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – UNREASONABLENESS – where the Governor in
Council dismissed the applicant as Mayor of the Fraser Regional
Coast Council on the recommendation of the respondent under the
Local Government Act 2009 (Qld) – where the
respondent recommended the applicant's dismissal on the basis
of 11 findings of misconduct or inappropriate conduct as well as a
complaint regarding the disclosure of an email to a journalist
– where the respondent formed the belief that the applicant
had seriously and continuously breached the local government
principles – where the respondent formed the belief that the
applicant was incapable of performing his responsibilities –
whether the exercise of power dismissing the applicant was so
unreasonable that no reasonable person could so exercise the
power.
Ardill Payne and Partners v Byron Shire
Council [2018] NSWLEC 1220
The appeal is dismissed. APPEAL: application for onsite
sewage management facility for future residential dwelling; quarry
rehabilitation; ecologically sustainable development; land use
conflict; protection of environment; equity; contamination.
Local Government Act 1993; Local Government (General)
Regulation2005.
Blacktown City Council v Saker (No 2)
[2018] NSWLEC 71
CIVIL ENFORCEMENT - action to restrain unlawful
depositing of fill material and earthworks, and to require their
removal and remediation of site - such development prohibited or
permissible only with development consent which had not been
obtained – orders under the then s.121B of the
Environmental Planning and Assessment Act 1979 to cease
development – failure to comply with orders – matter
heard ex parte – respondent an undischarged bankrupt –
declaratory and injunctive relief sought – relief granted
– indemnity costs ordered - Blacktown Local Environmental
Plan 2015.
Strathfield Municipal Council v C & C Investment
Trading Pty Ltd (No 3) [2018] NSWLEC
69
CIVIL ENFORCEMENT: Development departed in key respects
from court-granted consent – boarding house development
– heritage conservation area and heritage item affected
– modification application rejected – no attempt to
moderate environmental impacts – occupation certificate also
challenged – some rooms leased before certificate issued
– residents joined as respondents – Class 1 proceedings
pending. Local Government Act 1993.
Joseph v Sutherland Shire Council
[2018] NSWLEC 1193
DEVELOPMENT APPEAL: residential flat building –
affordable rental housing – compatibility with existing and
desired future character - variation to height standard -
consistency with amalgamation plan for Caringbah Medical precinct
– whether the amenity of the development is acceptable
– whether the proposed development affects future development
of adjoining sites – precedent.
Warrumbungle Shire Council v Yongmei Ou
[2018] NSWLEC 70
CIVIL ENFORCEMENT – partial erection of building
without development consent – use of land for residential
accommodation without development consent – installation of
moveable dwelling without approval – orders to remedy and
restrain breaches – stay of orders for limited time –
orders for substituted performance if non-compliance with court
orders.
Local Government Act 1993 s.68, Pt.3; Local
Government (Manufactured Home Estates, Caravan Parks, Camping
Grounds and Moveable Dwellings) Regulation 2005 cl.77;
Warrumbungle Local Environmental Plan 2013 cl.2.3(1).
Shoalhaven City Council v Hayes
[2018] NSWLEC 65
PROSECUTION - Charge 1 - vegetation clearing and cutting
down trees on Lots 1 and 2 in Deposited Plan 1008950 in breach of
s.125(1) of the Environmental Planning and Assessment Act
1979 - evidence establishes the plea was appropriate - extent
of environmental harm caused - whether aggravating factor - held
not to be aggravating factor - vegetation clearing and tree-cutting
was undertaken for financial benefit - this constituted an
aggravating factor - assessment of seriousness of the offending
conduct - offending conduct at the upper end of the low range of
seriousness PROSECUTION – Charge 2 - vegetation clearing and
cutting down trees on Lot 62 in Deposited Plan 755928 in breach of
Native Vegetation Act 2003 - plea of guilty - evidence
establishes the plea was appropriate - extent of environmental harm
caused - whether aggravating factor - held not to be aggravating
factor - vegetation clearing and tree-cutting was undertaken for
financial benefit - this constituted an aggravating factor -
assessment of seriousness of the offending conduct - offending
conduct at the upper end of the low range of seriousness.
PROSECUTION – Charge 3 - vegetation clearing and cutting down
trees on Lots 1 and 2 in Deposited Plan 1008950 in breach of
Native Vegetation Act 2003 - plea of guilty - evidence
establishes the plea was appropriate - extent of environmental harm
caused - whether aggravating factor - held not to be aggravating
factor - vegetation clearing and tree-cutting was undertaken for
financial benefit - this constituted aggravating factor -
assessment of seriousness of the offending conduct - offending
conduct at the upper end of the low range of seriousness PENALTIES
- discount for early plea - Defendant to be convicted of each
charge - need to provide for both specific and general deterrence -
indicative starting sentence of $50,000 fine for each offence -
discount of 30% for each offence (including discount for the early
guilty pleas) results in an appropriate starting penalty of $35,000
for each offence - offending arising from one course of conduct -
consideration of accumulation and totality - adjustment of
penalties for Charge 2 (to $28,000) and Charge 3 (to $21,000) -
total penalty of $84,000 imposed PENALTIES - financial
circumstances of Defendant - whether discretion to reduce penalty
further pursuant to s 6 of the Fines Act 1996 appropriate -
insufficient evidence concerning Defendant's financial
circumstances - not appropriate to exercise discretion to reduce
penalty further BANKRUPTCY - Defendant undischarged bankrupt -
consideration of relevant provisions of Bankruptcy Act
1966 (Cth) - fines excluded - need to notify Defendant's
Trustee in Bankruptcy of outcome of proceedings as a consequence of
making costs order and investigation costs and expenses order -
Prosecutor ordered to provide Defendant's Trustee in Bankruptcy
with copy of judgment. Fines Act 1996, s.6; Local
Government Act 1993, s.684; Local Land Services Amendment
Act 2016, s.3; Shoalhaven Local Environmental Plan
2014, cl.5.9.
Barrak v City of Parramatta Council
[2018] NSWLEC 67
APPEAL – s.56A appeal against decision of
Commissioner - challenge to Commissioner's use of objective of
Height of Buildings clause of Local Environmental Plan - whether
contested objective had work to do - role of provision in the
statute compared to the role of an environmental planning
instrument created as a subordinate document - a provision in an
environmental planning instrument cannot constrain a mandated
requirement for an assessment pursuant to the statute -
construction of the provisions of the environmental planning
instrument - power to "read in" additional words -
reading in not necessary for sense of provision in Local
Environmental Plan - no vitiating defect in Commissioner's
fact-finding - fact-finding not infected by unreasonableness -
appeal dismissed.
SHMH Properties Australia Pty Ltd v City of Sydney
Council [2018] NSWLEC
66
APPEAL – modification of development consent
– development consent to change use of building to boarding
house and associated alterations to building – deletion of
deferred commencement conditions requiring submission of BASIX
certificate – whether development is "BASIX affected
development" – whether building is "BASIX affected
building" – whether certain units in the boarding house
are "dwellings" – modification refused.
McGinn v Inner West Council
[2018] NSWCA 90
The notice of motion is dismissed with costs. CIVIL
PROCEDURE – notice of motion to set aside judgment of Court
of Appeal for fraud – whether there was new evidence on the
basis of which judgment should be set aside. Ashfield Local
Environmental Plan 1985; Environmental Planning and Assessment Act
1979 (NSW), s.143; Evidence Act 1995 (NSW), ss.56,
143, 144.
Kelly v Szatow [2018] NSWCATOD
64
COSTS – Whether special circumstances warrant an
award of costs – Where applicant's application was
frivolous or vexatious or otherwise misconceived or lacking in
substance – Where applicant was self-represented and had
genuine concerns. Civil and Administrative Tribunal Act
2013 (NSW); Local Government Act 1993 (NSW).
Hacienda Caravan Park Pty Ltd v Dodge
[2018] NSWCATAP 108
APPEALS - contracts - general contractual principles -
formation - conduct - subsequent conduct STATUTORY INTERPRETATION -
interpretation - text, context and purpose - conflict between
provisions - hierarchy of provisions - condition of that approval
(which was periodically renewed) was that the operation of the Park
had to comply with the Local Government (Manufactured Home
Estates, Caravan Parks, Camping Grounds and Moveable Dwellings)
Regulation 2005 (the "Local Government
Regulation").
Legislation
Queensland
Bills Updated
Liquor (Rural Hotels Concession) Amendment Bill
Introduced on 2/05/2018. Stage reached: Referred to Committee
on 2/05/2018.
Vegetation Management and Other Legislation Amendment Bill
2018
Introduced by: Hon A Lynham MP on 8/03/2018
Stage reached: Passed with amendment on 3/05/2018
Assent Date: 9/05/2018 Act No: 7 Commences: see Act for details
here.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.