In the media
Independent inquiry into Menindee fish deaths
The NSW Government has asked the Office of the NSW Chief
Scientist & Engineer to conduct an Independent Review of the
unprecedented deaths of millions of fish at Menindee in March 2023.
The inquiry intends to provide recommendations on what needs to be
done to prevent a similar event from happening again (15 May 2023).
More.
NSW Budget date announced
Treasurer Daniel Mookhey announced that the NSW Government
will hand down the 2023-24 Budget on Tuesday 19 September 2023 (12
May 2023). More.
NSW Government moves to ban political donations from
clubs with poker machines
The NSW Government wants the Electoral Funding Act changed
to outlaw political donations from registered clubs that have poker
machines or are involved in any wagering, betting or other gambling
activities. The aim of the reform is to maintain the integrity of
the political donation system (11 May 2023). More.
Publications
EPA Code of Ethics and Conduct
The Environmental Protection Authority have released a
code of conduct that should guide the behaviour of its decision
making (11 May 2023). Read more here.
Local Government NSW policy platform
The Local Government NSW has released its annual Policy
Platform that consolidates the positions of various councils across
NSW and resolutions of LGNSW annual conferences (May 2023). Read
more here.
New South Wales Treasury Corporation: Weekly economic
report
NSW TCorp has released its weekly economic report
summarising key stock market movements (15 May 2023). Read more here.
Practice and courts
AAT Bulletin Issue No.9/2023
The AAT Bulletin is a fortnightly publication containing
information about recently published decisions and appeals against
decisions in the AAT's General, Freedom of Information,
National Disability Insurance Scheme, Security, Small Business
Taxation, Taxation & Commercial and Veterans' Appeals
Divisions (8 May 2023). Read more here.
Cases
Holland v State of New South
Wales [2023] NSWSC
495
CIVIL PROCEDURE - commencement of proceedings - leave to
commence action - Felons (Civil Proceedings) Act 1981 (NSW) - leave
sought subsequent to commencement of proceedings.
Felons (Civil Proceedings) Act 1981 (NSW).
Macatangay v Secretary, Department of
Education [2023] NSWCATAP
132
APPEAL - procedure - vexatious litigant - purported appeal
to the Appeal Panel of the New South Wales Civil and Administrative
Tribunal dismissing appeal from a professional decision of the
Administrative and Equal Opportunity Division - whether order of
the Court of Appeal under the Vexatious Proceedings Act 2008 (NSW)
prohibiting appellant instituting proceedings.
APPEALS - question of law - administrative review - denial of
procedural fairness - whether the decision was an administratively
reviewable decision - whether the Tribunal had jurisdiction to
determine an application - conduct under the Privacy and Personal
Information Protection Act 1988 (NSW).
CIVIL PROCEDURE - vexatious litigant - institution of proceedings
without leave - proceedings stayed from institution and taken to be
dismissed after 28 days if not ordered to be dismissed earlier by
operation of section 13 of the Vexatious Proceedings Act 2008
(NSW).
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Civil and Administrative
Tribunal Rules 2014 (NSW); Privacy and Personal Information
Protection Act 1988 (NSW); Teaching Service Act 1980 (NSW) and
Vexatious Proceedings Act 2008 (NSW).
Secretary, Department of Education v
Derikuca [2023] NSWCA
94
ADMINISTRATIVE LAW - remedies - certiorari - exercise of
statutory power without consequences.
CONTRACTS - remedies - declaration - court slow to make declaration
about contract involving persons not before court.
JUDGMENTS AND ORDERS - directions for provision of further
submissions - issue not raised by parties - broad power under s 63
of Supreme Court Act 1970 (NSW) to resolve all issues in a
controversy - difference between resolving controversy before court
and fomenting further disputes.
Civil Liability Act 2002 (NSW); Civil Procedure Act 2005 (NSW);
Education (School Administrative and Support Staff) Act 1987 (NSW);
Interpretation Act 1987 (NSW); Property NSW ACT 2006 (NSW); Supreme
Court Act 1970 (NSW); Teaching Service Act 1980 (NSW) and Uniform
Civil Procedure Rules 2005 (NSW).
Vogel v Secretary, Department of
Education [2023] NSWCATAD
105
ADMINISTRATIVE LAW - administrative review - government
information - reasonable searches - no obligation to provide access
by creating a new record.
Administrative Decisions Review Act 1997 (NSW); Government
Information (Public Access) Act 2009 (NSW); Health Records and
Information Privacy Act 2002 (NSW); Privacy and Personal
Information Protect Act 1998 (NSW) and State Records Act 1998
(NSW).
Wollondilly Shire Council v
Kennedy [2023] NSWLEC
53
ADMINISTRATIVE LAW - review by Court of validity of
complying development certificate pursuant to s 4.31 of
Environmental Planning and Assessment Act 1979 (NSW) -
extraneous communications cannot be used to construe
complying development certificate - as complying
development certificate does not identify purpose of use of shed
permissibility under local environmental plan unknown - car park
use prohibited - shed not ancillary to dwelling house -
declaration of invalidity made.
JUDICIAL REVIEW - certifier's decision that shed complying
development unreasonable - complying development certificate lacks
finality and is uncertain as architectural and engineering plans
conflict on key matter - complying development certificate invalid
because not issued with mandatory conditions required by State
Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 (NSW).
Environmental Planning and Assessment Act 1979 (NSW); Environmental
Planning and Assessment Act Act 2017 (NSW): Environmental Planning
and Assessment Regulation 2000 (NSW); Land and Environment Court
Act 1979 (NSW); National Construction Code (Cth); State
Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 (NSW); Wollondilly Local Environmental Plan 2011 (NSW)
and Interpretation Act 1987 (NSW).
Piety Developments Pty Ltd v
Cumberland City Council [2023] NSWSC
580
LOCAL GOVERNMENT - council lands - land acquired in 1965
by resumption under the Local Government Act 1919 for use as a
carpark - whether "subject to a trust for a public
purpose".
Land Acquisition (Just Terms Compensation) Act 1991; Local
Government Act 1919 and Local Government Act 1993.
Legislation
NSW legislation
Regulations and other miscellaneous instruments
Administrative Arrangements (Administrative
Changes-Miscellaneous) Order (No 3) 2023 - published LW 3 May
2023.
Environmental planning instruments
Bathurst Regional Local Environmental Plan 2014
(Amendment No 22) - published LW 12 May 2023.
Cumberland Local Environmental Plan 2021 (Map
Amendment No 5) - published LW 12 May 2023.
Mid-Western Regional Local Environmental Plan 2012
(Map Amendment No 9) - published LW 12 May 2023.
Port Stephens Local Environmental Plan 2013 (Map
Amendment No 5) - published LW 12 May 2023.
Ryde Local Environmental Plan 2014 (Map Amendment
No 3) - published LW 12 May 2023.
Warrumbungle Local Environmental Plan 2013
(Amendment No 3) - published LW 12 May 2023.
Wingecarribee Local Environmental Plan 2010
(Amendment No 67) - published LW 12 May 2023.
Shoalhaven Local Environmental Plan 2014 (Map
Amendment No 10) - published LW 5 May 2023.
Coonamble Local Environmental Plan Amendment
(Transport and Infrastructure) (Map Amendment No 1) - published
LW 5 May 2023.
Tamworth Regional Local Environmental Plan 2010
(Amendment No 25) - published LW 5 May 2023.
Queanbeyan-Palerang Regional Local Environmental
Plan 2022 (Amendment No 3) - published LW 5 May 2023.
Inner West Local Environmental Plan 2022 (Amendment
No 2) - published LW 5 May 2023.
Dubbo Regional Local Environmental Plan 2022 (Map
Amendment No 5) - published LW 5 May 2023.
Inner West Local Environmental Plan 2022 (Amendment
No 3) - published LW 5 May 2023.
Bills introduced by government
Electoral Funding Amendment (Registered Clubs)
Bill 2023 11 May 2023.
Government Sector Finance Amendment (Grants) Bill
2023 11 May 2023.
Revenue Legislation Amendment Bill 2023 11 May
2023.
Constitution Amendment (Sydney Water and Hunter
Water) Bill 2023 10 May 2023.
Residential Tenancies Amendment (Rental Fairness)
Bill 2023 10 May 2023.
Bills introduced by non-government
Forestry Amendment (Koala Habitats) Bill 2023
11 May 2023.
Commonwealth legislation
Workplace Gender Equality Act 2012 08/05/2023 -
Act No. 91 of 1986 as amended.
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.