NSW Government Bulletin: Part 2 - In the media, Practice and courts, Cases and Legislation - Constitutional & Administrative Law

In the Media

NSW government abandons controversial public housing development in Glebe
The New South Wales government has scrapped plans to redevelop a controversial inner-Sydney public housing block, but will push ahead with refurbishing and redeveloping two other sites (17 June 2023). More...

Developers 'laughing' about windfall under NSW government's planning changes, mayor warns
Eastern suburbs mayor criticises incentives for large developments involving 15% affordable housing as debate continues on how to ease the housing crisis (16 June 2023). More...

Australian-made ferries to take to Parramatta River
Seven new Australian-made ferries will take to Parramatta River after the NSW Government awarded the construction tender to Richardson Devine Marine Shipbuilders in Hobart (26 June 2023). Read more here.

New planning rules mean more affordable housing
The NSW Government will improve the planning system to incentivise residential housing developers that include at least 15% affordable housing in their plans (15 June 2023). Read more here.

Practice and Courts

AAT Bulletin Issue No.11/2023
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 Cases (19 June 2023). Read more here.

Re-issued Practice Note SC CL 02 – Criminal Proceedings
On 26 June 2023 the Chief Justice reissued Practice Note SC CL 2 – Criminal Proceedings, with a commencement date of 27 June 2023. Read more here.

Re-issued Practice Note SC EQ 07 – Succession and Probate Lists
On 16 June 2023 the Chief Justice reissued Practice Note SC EQ 07 – Succession & Probate Lists, with a commencement date of 1 July 2023. Read more here.

Re-issued Practice Note SC EQ 01 – Case Management in the Equity General List
On 16 June 2023 the Chief Justice reissued Practice Note SC EQ 01 – Case Management in the Equity General List, with a commencement date of 1 July 2023. Read more here.

Cases

Stalvies v Snowy Monaro Regional Council [2023] NSWCATAD 166
ADMINISTRATIVE REVIEW – government information – personal information – whether disclosure could reasonably be expected to reveal personal information – whether disclosure could contravention of Privacy and Personal Information Protection Act 1998.
Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009 (NSW); Local Government Act 1993 (NSW); Privacy and Personal Information Protection Act 1998.

Taphouse Investments Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAP 171
APPEALS – moot appeals – appeal in administrative review proceedings – administrative review of Tribunal decision affirming a decision of the Liquor & Gaming Authority to refuse an application for an extended trading hours authorisation – change of hotel licensee subsequent to the Tribunal's decision – interpretation of s 49 (2) of the Liquor Act concerning applications for an extended trading hours authorisation – whether the authorisation power applies to the hotel licensee from time to time or can only be granted to the applicant/licensee – whether the grant of a liquor licence and extended trading hours authorisation runs with the hotel premises – whether any utility in determining the merits of the appeal – whether discretion should be exercised to determine the appeal even though it has no practical consequences for the parties.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Gaming and Liquor Administration Act 2007 (NSW); Liquor Act 2007 (NSW).

Entrepreneur Enterprises Pty Ltd v Lane Cove Municipal Council [2023] NSWLEC 1323
APPEAL – development application – increase in numbers at a centre based child care facility – acoustic impact – Plan of Management – whether Plan of management is acceptable.
Education and Care Services National Regulations 2011; Environmental Planning and Assessment Act 1979; Lane Cove Local Environmental Plan 2009; State Environmental Planning Policy (Transport and Infrastructure) 2021.

Gogulan v Chief Commissioner of State Revenue [2023] NSWCATAD 162
TAXES AND DUTIES – land tax – principal place of residence exemption – onus of proof.
Administrative Decisions Review Act 1997 (NSW); Land Tax Management Act 1956 (NSW); Taxation Administration Act 1996 (NSW).

Wei v Chief Commissioner of State Revenue [2023] NSWCATAD 161
TAXES AND DUTIES – surcharge land tax – liability.
Foreign Acquisitions and Takeovers Act 1975 (Cth); Administrative Decisions Review Act 1997; Duties Act 1997; Land Tax Act 1956; Land Tax Management Act 1956; State Revenue Legislation Amendment (Budget Measures) Act 2016; State Revenue and Other Legislation Amendment (Budget Measures) Act 2017; State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022; Taxation Administration Act 1996.

Dugandzic v Randwick City Council [2023] NSWLEC 1319
DEVELOPMENT APPLICATION – mixed use development – exceedance of the height of buildings development standard – design excellence.
Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Randwick Local Environmental Plan 2012.

Togias v State of New South Wales [2023] NSWSC 665
LAND LAW – Co-ownership – second defendant has recently become the registered proprietor of certain residential real property occupied by the plaintiff and her former de facto partner – the second defendant has acquired title to the property consequent upon the making of orders under the Criminal Assets Recovery Act 1990 against the plaintiff's former de facto partner – the Court of Appeal has declared that the plaintiff has a 25% interest in the property and the second defendant holds the other 75% – the second defendant now seeks to sell the property – whether the defendant has an immediate right to possession of the property against the plaintiff, a co-owner in equity – whether the plaintiff occupies the property as a tenant at will of the second defendant – whether judgment for possession should be entered in favour of the second defendant against the plaintiff – whether the issue of a writ for possession should be stayed.
Civil Procedure Act 2005; Conveyancing Act 1919; Criminal Assets Recovery Act 1990; Uniform Civil Procedure Rules 2005.

Salmon v Mosman Municipal Council [2023] NSWLEC 1310
MODIFICATION APPLICATION – modification application to original consent – dwelling house development in C4 Environmental Living zone – whether substantially the same – no public submissions made – reasons given for the grant of consent.
Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2021; Mosman Local Environmental Plan 2012; State Environmental Planning Policy (Biodiversity Conservation) 2021; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

Brown v Transport for New South Wales [2023] NSWLEC 1309
COMPULSORY ACQUISITION – objection to the amount of compensation offered by the Respondent – conciliation conference – agreement between the parties – orders.
Conveyancing Act 1919; Land Acquisition (Just Terms Compensation) Act 1991; Land and Environment Court Act 1979.

Johal v Transport for New South Wales [2023] NSWLEC 1308
COMPULSORY ACQUISITION – conciliation conference – compensation – agreement between the parties – orders.
Land Acquisition (Just Terms Compensation) Act 1991; Land and Environment Court Act 1979; Roads Act 1993.

Strata Plan 87988 v Newcastle City Council [2023] NSWLEC 1307
DEVELOPMENT CONTROL ORDER APPEAL – fire safety – modified order – conciliation conference – agreement between the parties – orders.
Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979.

Redbank United Pty Ltd v Blue Mountains City Council [2023] NSWLEC 1295
APPEAL – deemed refusal – application for construction of single dwelling and detached carport with driveway to road to be constructed by Applicant on road reserve – need to take into account aims of Plan (cl 1.2) of the Blue Mountains Local Environmental Plan 2015 – importance of Special Local Provisions of the Blue Mountains Local Environmental Plan – did the Contentions address 'real' issues – information requested by Respondent and required in order to make assessment not, or inadequately, provided – was the calculation of the area of vegetation to be impacted by the proposed development correct – was the area of vegetation to be cleared such as to trigger entry into the Biodiversity Offsets Scheme (BOS) – was a Biodiversity Assessment Report (BDAR) required – can deficiencies in data availability be satisfied by deferred commencement conditions and operational conditions.
Biodiversity Conservation Act 2016; Biodiversity Conservation Regulation 2017; Blue Mountains Local Environmental Plan 2015; Civil Procedures Act 2005; Environmental Planning and Assessment Act 1979; Environmental Protection and Biodiversity Conservation Act 1979 (Cth); Land and Environment Court Act 1979; Sydney Regional Environmental Plan No 20 – Hawkesbury – Nepean River (No 2-1997); Water Management Act 2000.

Legislation

NSW Legislation

Environmental planning instruments
Canterbury-Bankstown Local Environmental Plan 2023 – published LW 23 June 2023.
Kempsey Local Environmental Plan 2013 (Amendment No 32) – published LW 23 June 2023.
Parramatta Local Environmental Plan 2023 (Amendment No 4) – published LW 23 June 2023.
Tamworth Regional Local Environmental Plan 2010 (Map Amendment No 1) – published LW 23 June 2023.

Commonwealth

Act compilation
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 27/06/2023 – Act No. 126 of 1995 as amended.
Therapeutic Goods Act 1989 21/06/2023 – Act No. 21 of 1990 as amended.
National Consumer Credit Protection Act 2009 21/06/2023 – Act No. 134 of 2009 as amended.
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 19/06/2023 – Act No. 125 of 1995 as amended.
Customs Act 1901 15/06/2023 – Act No. 6 of 1901 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.

Australia: NSW Government Bulletin: Part 2 - In the media, Practice and courts, Cases and Legislation

In the Media

Practice and Courts

Cases

Legislation

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