In the media
Millions of people in NSW charged illegal merchant fees
by state agencies, government says
Residents unlawfully charged about $144 million in fees on
services such as licence renewals, car registrations and fine
repayments since 2016, minister says. The finance minister,
Courtney Houssos, on Wednesday said the government had referred the
issue to the NSW ombudsman for an investigation into "possible
serious maladministration" after the state auditor general
alerted it to the issue in July (23 October 2024). Read more here.
Councils dragging housing approvals, says business
peak
Local government has come under attack from the Business
Council of Australia for being too slow in signing off on housing
approvals which, it says, is fuelling the country's housing
crisis. Housing approvals are at "near-decade lows" and
proceeding at a "glacial pace", BCA chief executive Bran
Black said. "We're not signing off on enough homes,"
he added (21 October 2024). Read more here.
Grants now available for councils to hire 1,300
additional apprentices and trainees
Councils across NSW can now apply for grants to employ
hundreds more apprentices and trainees as part of the Minns Labor
Government's $252.2 million investment in securing the future
of the local government workforce. The Fresh Start for Local
Government Apprentices, Trainees and Cadets Program which will fund
the wages of 1,300 apprentices, trainees and cadets over the next
six years, is the largest state government investment in the direct
hire of new apprentices in recent memory. Read more here and apply here.
NSW invites technology and AI solutions to improve
planning assessments
The Minns Labor Government is calling on the best and
brightest in developing Artificial Intelligence (AI) and technology
tools to improve the NSW Planning Portal and speed up assessment
timeframes to deliver more homes, jobs and infrastructure (23
October 2024). Read more here.
Ombudsman to provide advice and dispute resolution for
community members hosting renewable energy
The Minns Labor Government is taking further measures to
ensure community members and landowners hosting renewable energy
infrastructure projects are actively supported, by expanding the
functions of the Energy & Water Ombudsman NSW (22 October
2024). Read more here.
NSW critical minerals and high-tech metals
strategy
The Department of Primary Industries and Regional
Development released a strategy on critical minerals and high-tech
metals. The Strategy was developed following a comprehensive
consultation process that involved public submissions, targeted
stakeholder engagement and a Ministerial Roundtable, attracting
responses from a broad cross-sector including mining companies,
industry associations, unions, environmental and community groups,
research organisations, universities and individuals. Read more here.
Cases
Tang v Secretary, Department of Customer
Service [2024] NSWCATOD 168
ADMINISTRATIVE LAW – Home building – application to
vary licence – individual contractor licence –
application of Instrument – qualification requirements.
Marriott v Secretary of the Department of
Customer Service [2024] NSWCATOD 169
ADMINISTRATIVE LAW – Home building – application for
individual contractor licence – application of Instrument
– experience requirements.
Uber Australia Pty Ltd v Chief Commissioner of
State Revenue (Costs) [2024] NSWSC 1324
COSTS – Uniform Civil Procedure Rules 2005 (NSW) r 42.1
– Whether costs should follow the event or some other order
should be made – Whether to determine costs on the basis of
separating out issues – HELD – Costs should follow the
event and it is not appropriate, in this case, to apportion costs
based on issues or arguments.
Kent v Commissioner of Police, New South Wales
Police Force [2024] NSWCATAD 310
ADMINISTRATIVE LAW – Access to government information –
whether personal information – prejudice to supply of
confidential information by law enforcement agency –
prejudice to effective exercise of functions – personal
factors of applicant – balancing exercise.
Milhailoff v Commissioner of Police, NSW Police
Force [2024] NSWCATAD 311
LICENSING – firearms – non-compliance with Victorian
firearms legislation – non-compliance with Interim Family
Violence Intervention Order – non-compliance with NSW
legislation as to possession of firearms – failure to
disclose – public interest.
Nguyen v Northern Sydney Local Health
District [2024] NSWSC 1299
EVIDENCE – opinion evidence – opinions based on
specialised knowledge – scientific discovery of new medical
technology subject of multinational intellectual property portfolio
– admissibility of expert report valuing portfolio –
whether reasons were given for expressed opinions – Makita
(Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 –
"basis rule" – permissibility of delegation by
expert to material prepared by third parties – overarching
relevance of report – non-compliance with Makita requirement
to provide reasons – report inadmissible.
Jainzii Pty Ltd v State of NSW [2024]
NSWSC 1303
ADMINISTRATIVE LAW – procedural fairness – decisions of
a NSW government agency made in respect of a non-statutory scheme
– whether decisions involved exercise of non-statutory
executive power – decisions to suspend account of provider
registered under Creative Kids scheme and to refuse payment claimed
under scheme – whether provider was entitled to procedural
fairness – whether procedural fairness was denied –
where provider was not given reasonable opportunity to deal with
matters adverse to its interest before decisions were made.
ADMINISTRATIVE LAW – remedies – certiorari –
exercise of discretion to set aside agency's decision –
whether remedy available – where there was no statutory basis
for scheme and agency not subject to statutory duties.
ESTOPPEL – estoppel by representation – against public
authorities – whether claimed assumption induced by agency
and provider acted reasonably in relying on assumption.
Hayward v Hornsby Shire Council [2024]
NSWLEC 106
PRACTICE AND PROCEDURE – Notice of Motion seeking summary
dismissal of judicial review proceedings – r 13.4 of the
Uniform Civil Procedure Rules 2005 (NSW) – majority of
grounds of judicial review proceedings failed to disclose a
reasonable cause of action – leave granted to re-plead one
paragraph of Summons.
Guo v Chief Commissioner of State Revenue
[2024] NSWCATAD 309
AXES AND DUTIES – Land tax – Surcharge land tax –
Foreign person – Liability – Exemptions –
Principal place of residence – periods of absence from
Australia.
Turnbull v Kyogle Council [2024] NSWSC
1297
CIVIL PROCEDURE – pleadings – amendment –
application to rely on amended defence – where amended
defence asserts that plaintiff's entitlement to common law
damages is barred by his participation in the Motor Accidents
(Lifetime Care and Support) Act 2006 (NSW) – plaintiff
allowed to seek common law damages whilst at the same time being a
lifetime participant of Motor Accidents (Lifetime Care and Support)
Act 2006 (NSW).
Natural Resources Access Regulator v Jindalee
Road Wines Pty Ltd; Littore (No 2) [2024] NSWLEC 105
PRACTICE AND PROCEDURE – Notice of Motion seeking to vary
orders relating to fines imposed in respect of offences under the
Water Management Act 2000 (NSW) – r 36.16 of the Uniform Civil
Procedure Rules 2005 (NSW) – r 5.2(2)(h) of the Land and
Environment Court Rules 2007 (NSW) – relevant error capable
of amendment – variation of orders in exercise of
discretion.
Commissioner for Fair Trading v Aboukalam
[2024] NSWCATAP 205
APPEAL – administrative review – statutory construction
– section 25 of the Home Building Act 1989 (NSW) –
requirement to find the applicant to be a fit and proper person
– adverse inferences where applicant did not give evidence
– whether inferences sought were conjectures – whether
finding that applicant was fit and proper was legally
reasonable.
Legislation
Government Bills
24-Hour Economy Legislation Amendment (Vibrancy
Reforms) Bill 2024 – introduced LC 15 October 2024,
passed LC 22 October 2024
Creative Statement to Parliament Bill 2024 – introduced LC 15 October 2024
Environmental Planning and Assessment Amendment (State Significant Development) Bill 2024 – introduced LA 16 October 2024
Health Insurance Levies Amendment Bill 2024 – introduced LA 15 October 2024, amended in LA 22 October 2024, introduced LC for concurrence 22 October 2024
Residential Tenancies Amendment Bill 2024 – introduced LA 15 October 2024
Revenue Legislation Further Amendment Bill 2024 – introduced LA 16 October 2024
Royal Botanic Gardens and Domain Trust Amendment Bill 2024 – introduced LA 25 September 2024, passed LA 18 October 2024, introduced LC for concurrence 22 October 2024
State Insurance and Care Governance Amendment (Governance Arrangements) Bill 2024 – introduced LA 25 September 2024, passed LA 15 October 2024, introduced LC for concurrence 15 October 2024
Witness Protection Amendment Bill 2024 – introduced LA 16 October 2024
Passed by both Houses
State Emergency and Rescue Management Amendment Bill 2024 – passed by both Houses 17 October 2024
Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 – passed by both Houses 17 October 2024
Equality Legislation Amendment (LGBTIQA+) Bill 2024 – passed by both Houses 17 October 2024
Environmental Planning and Assessment Amendment (Certification) Bill 2024 – passed by both Houses 17 October 2024
Agriculture Commissioner Bill 2024 – passed by both Houses 18 October 2024
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.
