In the media
NSW Government set to scrap mandatory rental fees
The Minns government will introduce new legislation next
month designed to modernise the system and stop renters in NSW from
being forced to pay extra fees. Property owners and agents would be
required to offer fee-free ways to pay – including bank
transfers and the Federal Government's Centrepay service. NSW
Premier Chris Minns reaffirmed his commitment to tackle the
so-called 'hidden fees' (23 September 2024). Read more here.
NSW Government bans councils from issuing ticketless
parking fines
Council rangers will be banned from stinging drivers with
ticketless parking fines under new legislation to be introduced by
the NSW government. The move comes after the number of ticketless
fines issued by local councils surged to more than 822,000 in the
last financial year, an increase of almost 50 per cent on the
previous 12 months. The ticketless scheme was introduced in 2020 by
the former state government and allowed councils to send parking
fines in the mail instead of attaching tickets to windscreens (17
September 2024). Read more here.
How Sydney's boarding houses evict residents in
favour of students, 'millionaires' or those able to pay
more
In 2023, the Inner West Council gave approval for a
12-room boarding house in Dulwich Hill to be knocked down to build
three new three-bedroom homes, one with a swimming pool. Owners
must satisfy eight criteria before being given permission to
demolish a boarding house. A spokesperson for the Inner West
Council said in a statement that through the assessment process, it
was demonstrated that the development did not contribute to a
cumulative impact of affordable housing loss (17 September 2024).
Read more here.
In the courts and practice
District Court judge elevated to NSW Supreme Court
His Honour Coleman J brings, the NSW
Attorney-General's Department said in a statement, nearly four
decades of legal expertise to the Supreme Court bench, including as
a solicitor, barrister, senior counsel, and most recently as a NSW
District Court judge. His Honour was appointed to the District
Court in 2021, prior to which he was as a solicitor from 1987 to
1996 at Clayton Utz and then Freehill Hollingdale & Page in
Sydney. He then joined the Bar in 1996 before being appointed as
senior counsel in 2010 (16 September 2024). Read more here.
Tough new strata laws pass Parliament
Strata laws put owners' corporations in charge of
making key decisions on the buildings and common property of
townhouses and apartments, usually with the assistance of a strata
managing agent. The new laws will ensure tough action against
agents who don't properly declare conflicts of interest (23
September 2024). Read more here.
Publications
ACCC Insurance monitoring report 2024
On 19 September 2024, the ACCC released its third report
as required under the Competition and Consumer (Price Monitoring
– General Insurance Policies) Direction 2022. We have
narrowed the focus of our analysis. In this report, we examine how
prices and costs are changing following insurers' entry into
the pool. We assess insurers' approaches to implementing the
pool, including in relation to pass-through and recognition of
cyclone mitigation measures. We also consider whether insurance
availability for consumers is changing. Read more here.
Have your say: NSW Plastics Plan 2025-2030
NSW EPA published an exploratory paper with a consultation
and submission period early this year. National Retail
provided an extensive submission and attended
consultation workshops outlining industry's roadmap for
single-use plastics and our recommended strategies
to develop a truly circular economy in Australia. Read more here.
Cases
Hyside 34 Leicester Pty Ltd v City of Canada
Bay Council [2024] NSWLEC 1586
APPEAL – development application – alterations and
additions to existing development consent granted by the Land and
Environment Court via an agreement under s 34 of the Land and
Environment Court Act 1979 – contravention of height of
buildings development standard in cl 4.3 of the Canada Bay Local
Environmental Plan 2013 (LEP) – contravention of dwelling mix
development standard in cl 6.11 of the LEP – clause 4.6
written requests to justify the contraventions of the development
standards in cll 4.3 and 6.11 of the LEP – relevance of
withdrawn planning proposal – reservation of part of the site
for a laneway to be dedicated or acquired – issue as to
whether it has been abandoned.
Conveyancing Act 1919, s 88K; Environmental Planning and Assessment
Act 1979, ss 4.15, 8.7.
Cantwell v NSW Education Standards Authority
[2024] NSWCATAD 282
ADMINISTRATIVE REVIEW – education – teacher
accreditation – revocation for performance deficiencies
– underlying findings not in dispute – allegations of
lack of procedural fairness.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Education Standards Authority Act 2013; Teacher
Accreditation Act 2004.
Transport for NSW v Hunt Leather Pty Ltd; Hunt
Leather Pty Ltd v Transport for NSW [2024] NSWCA
227
TORTS – nuisance – private nuisance –
plaintiffs claimed their properties were affected by construction
of Sydney Light Rail – whether interference with enjoyment of
plaintiffs' property substantial and unreasonable –
whether failure by plaintiffs to establish a failure to take
reasonable care determinative – whether defendant bore onus
of establishing that it took reasonable care – whether
defendant failed to take reasonable care – significance to
cause of action in nuisance of taking reasonable care –
whether use of road for construction purposes exceptional –
whether interference with plaintiffs' enjoyment inevitable
– whether delay in construction attributable to discovery of
unknown utilities – whether damages should include a
"recovery period" – whether s 43A of Civil
Liability Act 2002 (NSW) applicable.
Civil Liability Act 2002 (NSW), ss 5B, 5C, 40, 43A; Civil Procedure
Act 2005 (NSW), Pt 10; Environmental Planning and Assessment Act
1979 (NSW), s 4.2; Supreme Court Act 1970 (NSW), s 101; Transport
Administration Act 1988 (NSW), ss 3C, 104L, 104N, 104O; Uniform
Civil Procedure Rules 2005 (NSW), r 36.16.
Transport for NSW v Registrar-General of New
South Wales [2024] NSWSC 1186
LAND LAW – community title – community scheme
– where resuming authority seeks orders restructuring
community scheme consequential upon resumption of part of a
development lot in the community scheme – Requirement for
resuming authority notified interested persons of the application
– orders to be made pursuant to s 73 of the Community Land
Development Act 2021 (NSW) in circumstances where the value of the
residue of the relevant development lot, and the relative values of
the lots in the scheme, are unchanged by the resumption.
Community Land Development Act 2021 (NSW), ss 72, 73, 74, 76, 79;
Land Acquisition (Just Terms Compensation) Act 1991 (NSW).
Gelder v Ku-ring-gai Council [2024] NSWLEC
1564
DEVELOPMENT APPLICATION – housing for seniors and people with
a disability – independent living – amended plans
– conciliation conference – agreement between the
parties – orders.
Biodiversity Conservation Act 2016, Div 2, Pt 4; Environmental
Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15; Land and
Environment Court Act 1979, s 34; Rural Fires Act 1997.
MH Property No 2 Pty Ltd v Wollongong City
Council [2024] NSWLEC 1568
APPEAL – development application – multi dwelling
housing – impact on flood behaviour and flood function of the
site.
Environmental Planning and Assessment Act 1979, ss 3.43, 4.15, 8.7;
Land and Environment Court Act 1979, s 39; Roads Act 1993, s 138;
Environmental Planning and Assessment Regulation 2021, ss 23, 27,
38; Environmental Planning and Assessment (Development
Certification and Fire Safety) Regulation 2021, cl 73; Standard
Instrument (Local Environmental Plans) Amendment (Flood Planning)
Order 2023; State Environmental Planning Policy (Resilience and
Hazards) 2021, s 4.6; Wollongong Local Environmental Plan 2009, cll
4.3, 4.4, 5.21, 7.4, 7.5, 7.6, 7.14; Standard Instrument (Local
Environmental Plans) Order 2006, cl 8.
GPP v Secretary, Department of Education [2024]
NSWCATAD 275
ADMINISTRATIVE LAW – administrative review –
government information – jurisdiction – confidential
information – conclusive presumption of an overriding public
interest against disclosure – balancing the public interest
considerations in favour of disclosure and against
disclosure.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW);
Government Information (Public Access) Act 2009 (NSW); Health
Records and Information Privacy Act 2002 (NSW); Ombudsman Act 1974
(NSW); Privacy and Personal Information Protection Act 1998 (NSW);
Public Interest Disclosures Act 1994 (NSW).
Mitchell v Roads and Maritime Services (now
known as Transport for NSW) (No 2) [2024] NSWSC
1165
CIVIL PROCEDURE – parties – joinder –
representative proceedings – interlocutory dispute between
plaintiffs and litigation funder – plaintiffs seek to join
litigation funder as a defendant.
CIVIL PROCEDURE – representative proceedings – separate
determination of questions – where appropriate –
question of whether it is appropriate in this case for a dispute
between litigation funder and plaintiffs to be determined at
interlocutory hearing or whether proceedings should be stayed and
separate proceedings initiated.
CIVIL PROCEDURE – representative proceedings – conduct
of proceedings – meaning and application of the court's
power under Civil Procedure Act 2005 (NSW) s 183 – whether
the court has power to adjudicate the interlocutory dispute by
relying on the power in s 183 – whether it is both
appropriate and necessary to ensure that justice is done in these
proceedings by determining the dispute between the plaintiffs and
the litigation funder.
COMMERCIAL ARBITRATION – arbitration agreement – stay
of proceedings – whether arbitration agreement is null, void,
inoperative or incapable of being performed – whether cl 14
of the Funding Agreement is an "arbitration agreement"
within the meaning of that expression in s 7(1) of the Commercial
Arbitration Act 2010 (NSW).
EQUITY – fiduciary duties – fiduciary relationships
– where the litigation funder attempts to direct and control
proceedings – where lead plaintiffs in representative
proceedings have the conduct of the proceedings on behalf of the
class members and owes fiduciary obligations to them.
EQUITY – trusts and trustees – beneficiaries –
right to call for distribution of trust property – funds
deposited to plaintiffs' lawyers' trust account by
litigation funder – whether plaintiffs' lawyers hold
money on trust on behalf of the plaintiffs or on behalf of the
litigation funder.
Civil Procedure Act 2005 (NSW) s 183; Commercial Arbitration Act
2010 (NSW) s ; Commercial Arbitration Act 2011 (Vic) s 7(1);
Federal Court Act 1976 (Cth) s 33ZF; International Arbitration Act
1974.
(Cth) s 7; Legal Profession Uniform Law 2014 (NSW) Part 4.2; Roads
Act 1993 (NSW) s 179(1); Trustee Act 1925 (NSW) s 63; Uniform Civil
Procedure Rules 2005 (NSW) r 6.24(1).
Goodenough v Coffs Harbour City Council [2024]
NSWCATAD 276
ADMINISTRATIVE LAW – access to government information
– access applications – balancing exercise –
public interest considerations in favour of disclosure –
public interest considerations against disclosure – whether
overriding public interest against disclosure.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Government Information (Public Access) Act 2009
Health Records and Information Privacy Act 2002; Privacy and
Personal Information Protection Act 1998.
Social Justice Advocates of the Sapphire Coast
Incorporated v Bega Valley Shire Council [2024] NSWCATAD
279
ADMINISTRATIVE LAW – administrative review –
access to government information – freedom of information
– conclusive overriding presumption against disclosure
– legal professional privilege – client legal privilege
– confidentiality – waiver by conduct.
Administrative Decisions Review Act 1997; Civil and Administrative
Tribunal Act 2013; Government Information (Public Access) Act 2009;
Evidence Act 1995; Local Government Act 1993.
CARNAVALESCA Pty Ltd trading as Paragalli
Haulage v Queanbeyan-Palerang Regional Council [2024] NSWLEC
1567
DEVELOPMENT CONTROL ORDER – conciliation conference
– agreement between the parties – orders.
Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch
5; Land and Environment Court Act 1979, ss 17, 34
Queanbeyan-Palerang Regional Local Environmental Plan 2022.
Legislation
Regulations and other miscellaneous instruments
Children's Guardian Amendment (Code of Practice) Regulation 2024 (2024-486) – published LW 20 September 2024
Government Sector Employment Amendment (Public Service Employees) Regulation 2024 (2024-485) – published LW 18 September 2024
Motor Accidents (Determination of Non-Economic Loss) Order 2024 (2024-487) – published LW 20 September 2024
Water Management (General) Amendment (Miscellaneous) Regulation 2024 (2024-488) – published LW 20 September 2024
Environmental Planning Instruments
Byron Local Environmental Plan 2014 (Amendment No 45) (2024-489) – published LW 20 September 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 12) (2024-490) – published LW 20 September 2024
Maitland Local Environmental Plan 2011 (Amendment No 37) (2024-491) – published LW 20 September 2024
Parramatta Local Environmental Plan 2023 (Amendment No 11) (2024-492) – published LW 20 September 2024
Queanbeyan-Palerang Regional Local Environmental Plan 2022 (Amendment No 5) (2024-493) – published LW 20 September 2024
Wingecarribee Local Environmental Plan 2010 (Amendment No 69) (2024-494) – published LW 20 September 2024
Wollongong Local Environmental Plan 2009 (Map Amendment No 6) (2024-495) – published LW 20 September 2024
Bills introduced by Government
Agriculture Commissioner Bill 2024 – introduced LC 17 September 2024
Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024 – introduced LA 17 September 2024
Environmental Planning and Assessment Amendment (Certification) Bill 2024 – introduced LA 18 September 2024
Marine Safety Amendment Bill 2024 – introduced LA 18 September 2024
Music Festivals Amendment Bill 2024 – introduced LA 18 September 2024
Police Amendment (Police Officer Support Scheme) Bill 2024 – introduced LA 18 September 2024
Portable Long Service Leave Legislation Amendment Bill 2024 – introduced LA 18 September 2024
Road Transport Legislation Amendment (Speed Camera Detection) Bill 2024 – introduced LA 18 September 2024
Bills revised following amendment in Committee
Ports and Maritime Administration Amendment Bill 2024 – passed by both houses 20 September 2024
Transport Administration Amendment Bill 2024 – assent date 23 September 2024 (2024 No 58)
Universities Legislation Amendment Bill 2024 – introduced for concurrence 18 September 2024
Bills passed by both Houses of Parliament
Child Protection (Offenders Registration) Amendment Bill 2024 – 20 September 2024
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 – assent date 23 September 2024 (2024 No 57)
Local Government Amendment (Rural and Remote Councils) Bill 2024 – 19 September 2024
Strata Managing Agents Legislation Amendment Bill 2024 – 19 September 2024
Transport Administration Amendment Bill 2024 – assent date 23 September 2024 (2024 No 58)
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.
