In the media
The rise of financial sovereignty – and why some
Australians believe they don't have to pay tax
The sovereign citizen movement rejects the legitimacy of
the government. Its fast-growing popularity has had authorities
scrambling to get a handle on how far its tentacles have reached.
"'Sovereign citizen' type claims promoted by some that
somehow you can opt out of the tax system, or that the ATO does not
have legal standing, have been repeatedly debunked, and are likely
to lead to significant penalties," a spokeswoman said (8 April
2024). Read more here.
Priority development projects in Snowy Mountains
precinct to get underway
The NSW Government is continuing to invest in the future
of regional communities, with nearly $200 million set to deliver 7
priority projects at the Snowy Mountain and Jindabyne Precinct.
These projects align with both the NSW Government's and
communities priorities to generate job opportunities, enhance
infrastructure for housing supply, essential services and
sustainable tourism (5 April 2024). Read more here.
NSW Government unveils innovative flood and storm
intelligence project
The NSW Government is testing technology that harnesses
artificial intelligence (AI) and the mobile phone network to
predict the possible impacts of flooding. The NSW State Emergency
Service (SES) has partnered with researchers to develop and test
network sensing technology, which extracts localised weather
information including rainfall, water levels and river flows using
signals transmitted on the communications network (2 April 2024).
Read more here.
In the courts and practice
Solar SunShot for our regions and industries to deliver
a future made in Australia
The Albanese Government's $1 billion investment in the
Solar SunShot program will supercharge Australia's ambition to
become a renewable energy superpower at home and abroad. The
significant new commitment follows today's introduction of
legislation establishing the Net Zero Economy Authority to help
catalyse investment in a clean energy future made in
Australia's regions (28 March 2024). Read more here.
Rashelle Seiden SC appointed to the District Court of
NSW
Sydney barrister Rashelle Seiden SC has been appointed a
judge of the District Court of NSW, as well as a Deputy President
and head of the Administrative and Equal Opportunity Division and
the Occupational Division of the Civil and Administrative Tribunal
of NSW (NCAT). Ms Seiden brings almost 30 years of legal expertise
to the bench, with her experience ranging from constitutional and
administrative law, trusts, corporate and commercial law,
insolvency and revenue, including tax crime (28 March 2024). Read
more here.
Quarter of a million essential workers set to benefit
under proposed long service leave reforms
Up to 250,000 community sector workers would see their
leave rights expanded under a landmark draft bill released today by
the NSW Government for consultation. The reforms will allow
community sector workers to access long service leave sooner and
accrue leave based on time employed in the sector, rather than time
employed by a single employer (27 March 2024). Read more here.
Draft Taxation Ruling TR 2024/D1 – Income tax:
royalties – character of payments in respect of software and
intellectual property rights
The Taxation Committee and the Intellectual Property
Committee of the Business Law Section of the Law Council of
Australia (the Committees) made a submission on Draft Taxation
Ruling TR 2024/D1, which considers when amounts paid under software
arrangements are royalties under section 6(1) of the Income Tax
Assessment Act 1936 (ITAA 1936) and Australia's tax treaties
(Draft Ruling) (18 March 2024). Read the submission here.
AAT Bulletin Issue No. 07/2024
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 (08 April 2024). Read more here.
Publications
Law Council Update
In this edition of LCA Update, read about the highlights
from the Immigration Law Conference; the Law Council's concerns
in relation to the Migration Amendment (Removal and Other Measures)
Bill 2024, and key outcomes from the inaugural meeting of the
Australia – United Kingdom Legal Services Regulatory Dialogue
(28 March 2024). Read the publication here.
Treasury Round Up 2024 – Labour Market
Edition
The articles in this edition of the Round Up explore 4
aspects that are central to addressing structural barriers in
Australia's labour market and meeting long-term labour market
objectives: geographical barriers, the net zero transformation,
migration, and incentives (28 March 2024). Access the
publications here.
Cases
Choi v NSW
Ombudsman [2024] NSWSC 352
ADMINISTRATIVE LAW – Whether reviewable error of law –
where plaintiff alleges various errors of law on the face of the
record and jurisdictional error in decisions of NCAT.
ADMINISTRATIVE LAW – Particular administrative bodies –
Ombudsman – where plaintiff makes allegations of
discrimination and victimisation against the Ombudsman.
Anti-Discrimination Act 1977 (NSW),
ss 49A, 93A, 96, 108; Civil and
Administrative Tribunal Act 2013 (NSW), s 38; Mental Health Act
2007 (NSW); Ombudsman Act 1974 (NSW), s 35A.
Aboukalam v
Commissioner for Fair Trading [2024] NSWCATOD
39
Administrative Law – plumber – refusal to grant
tradespersons certificate – fit and proper person.
Civil and
Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997; Home Building Act
1989; Home Building Regulation 2014; Corporations Act
2001 (Cth).
FCZ v
Illawarra Shoalhaven Local Health District (No 2) [2024]
NSWCATAP 53
COSTS – s 60 Civil and
Administrative Tribunal Act 2013 – proceedings not
out of the ordinary – proceedings not untenable, frivolous or
vexatious – no award of costs.
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Act 2013; Privacy and
Personal Information Protection Act 1998 (NSW); Health Records and
Information Privacy Act 2002 (NSW).
Canterbury-Bankstown Council v Realize
Architecture Pty Ltd [2024] NSWLEC 31
APPEAL – question of law – Commissioner's decision
to modify development consent – precondition to power to
modify consent – whether modified development substantially
the same development as originally approved development –
whether error in chain of reasoning – whether error that no
change in critical elements of development – whether error in
adopting expert's approach that no change in consequences of
development – no error of law established.
Environmental
Planning and Assessment Act 1979 (NSW), ss 4.55(2), 4.55(3); Land and
Environment Court Act 1979 (NSW), s 56A(1).
Bugmy v
Director of Public Prosecutions (NSW) [2024] NSWCA
70
BAIL – breach of condition – arrest without warrant
– applicant convicted of resisting officer in execution of
duty – police officer reasonably believed applicant had not
complied with bail condition – s 77(1) of Bail Act 2013
(NSW) empowered officer to take one of six actions, one of
which was arrest – s 77(3) of Bail
Act provided that officer was to consider four matters in
deciding whether to take action and which action to take in those
circumstances – officer considered none of those matters
– whether non-compliance with s 77(3) meant that arrest was not in
lawful execution of duties – appeal allowed, conviction set
aside and charge dismissed.
Bail Act
1978 (NSW), s 50; Bail Act
2013 (NSW), ss 3, 18, 33, 46, 77, 77A; Bail Amendment Act
2014 (NSW); Crimes Act 1900 (NSW), s 58; Crimes (Appeal and
Review) Act 2001 (NSW), ss 52, 55;
Criminal Code Act
1995 (Cth), s 474.17; Environmental
Planning and Assessment Act 1979 (NSW), s 4.15; Evidence Act 1995
(NSW), s 138; Interpretation Act
1987 (NSW), s 34; Law Enforcement
(Powers and Responsibilities) Act 2002 (NSW), ss 99, 105; Prevention of
Cruelty to Animals Act 1979 (NSW); Supreme Court Act
1970 (NSW), s 101.
Ermington
Projects Pty Ltd v City of Parramatta Council [2024]
NSWLEC 1152
APPEAL – modification – application direct to Court
– Court ordered consent at s 34 conference for child care
centre – deletion of deferred commencement condition to
create s 88K drainage easement over public
school land – whether easement reasonably necessary –
whether modified on site stormwater drainage system adequate
– whether substantially the same development –
unencumbered space in child care centre.
Conveyancing Act
1919, s 88K; Children
(Education and Care Services National Law Application) Act
2010; Environmental Planning and Assessment Act
1979, ss 4.15, 4.16, 4.55; Land and
Environment Court Act 1979, s 17.
Turnbull v
Kyogle Council [2024] NSWSC 342
CIVIL PROCEDURE – time – extension of time –
notice of motion seeking leave to rely upon expert report –
duplication with report of a separate expert – limited leave
granted.
Civil Liability
Act 2002 (NSW); Evidence Act 1995 (NSW); Uniform Civil
Procedure Rules (2005) NSW , rr 1.12, 31.28(4).
Legislation
In Force
Conversion Practices Ban Act 2024 No
19 – current version for 3 April 2024 to date
Bills introduced - Government;
Health Legislation Amendment (Miscellaneous)
Bill 2024 – introduced LC 21 March 2024
Property NSW Amendment Bill
2024 – introduced LA 20 March 2024
Health Practitioner Legislation Amendment
Bill 2024 – introduced LA 19 March 2024
Bills introduced - Non-Government;
ICAC and Other Independent Commissions
Legislation Amendment (Independent Funding) Bill
2024 – introduced LA 21 March 2024
Automated External Defibrillators (Public
Access) Bill 2024 – introduced LA 21 March
2024
Anti-Discrimination Amendment (Heterosexual
Discrimination) Bill 2024 – introduced LC 20 March
2024
Bills passed by both Houses of Parliament;
Bills assented to;
Combat Sports Amendment Bill
2024 (2024 No 16) – assented to 3 April 2024
Environmental Planning and Assessment
Amendment (Sea Bed Mining and Exploration) Bill 2024 (2024
No 12) – assented to 25 March 2024
Independent Commission Against Corruption
Amendment Bill 2024 (2024 No 17) – assented to 3
April 2024
Bail and Crimes Amendment Bill
2024 (2024 No 18) – assented to 3 April 2024
Children and Young Persons (Care and
Protection) Amendment Bill 2024 (2024 No 15) –
assented to 3 April 2024
Conversion Practices Ban Bill
2024 (2024 No 19) – assented to 03 April 2024
Environment Protection Legislation Amendment
(Stronger Regulation and Penalties) Bill 2024 (2024 No 20)
– assented to 03 April 2024
Environmental Legislation Amendment
(Hazardous Chemicals) Bill 2024 (2024 No 10) –
assented to 25 March 2024
Electoral Funding Amendment (Local
Government Electoral Expenditure Caps) Bill 2024 (2024 No
11) – assented to 25 March 2024
Regulation and other miscellaneous instruments;
and
Electricity Infrastructure Investment
Amendment (Consumer Trustee and Infrastructure Planner) Regulation
2024 (2024 No 96) – published LW 5 April 2024
Point to Point Transport (Taxis and Hire
Vehicles) Amendment (Penalty Notice Offences) Regulation
2024 (2024 No 112) – published LW 5 April 2024
Environmental Planning and Assessment
Amendment (Schools) Regulation 2024 (2024 No 97) –
published LW 5 April 2024
Motor Accident Injuries (Indexation) Order
2024 (2024 No 78) – published LW 22 March 2024
Environmental Planning Instruments
Sydney Local Environmental Plan 2012
(Amendment No 103) (2024 No 116) – published LW 5
April 2024
State Environmental Planning Policy
(Transport and Infrastructure) Amendment 2024 (2024 No
115) – published LW 5 April 2024
Cabonne Local Environmental Plan 2012 {Map
Amendment No 6) (2024 No 114) – published LW 5 April
2024
Cabonne Local Environmental Plan 2012 (Map
Amendment No 5) (2024 No 113) – published LW 5 April
2024
Wollongong Local Environmental Plan 2009
(Map Amendment No 5) (2024 No 94) – published LW 28
March 2024
Tumbarumba Local Environmental Plan 2010
(Amendment No 3) (2024 No 93) – published LW 28
March 2024
State Environmental Planning Policy
(Precincts – Western Parkland City) Amendment (Wilton Growth
Area) 2024 (2024 No 92) – published LW 28 March
2024
Penrith Local Environmental Plan 2010
(Amendment No 43) (2024 No 91) – published LW 28
March 2024
Georges River Local Environmental Plan 2021
(Amendment No 8) (2024 No 90) – published LW 28
March 2024
Dubbo Regional Local Environmental Plan 2022
(Amendment No 4) (2024 No 89) – published LW 28
March 2024
Cabonne Local Environmental Plan 2012 (Map
Amendment No 4) (2024 No 88) – published LW 28 March
2024
Coffs Harbour Local Environmental Plan 2013
(Map Amendment No 9) (2024 No 79) – published LW 22
March 2024
Forbes Local Environmental Plan 2013
(Amendment No 14) (2024 No 80) – published LW 22
March 2024
Griffith Local Environmental Plan 2014
(Amendment No 8) (2024 No 81) – published LW 22
March 2024
Liverpool Local Environmental Plan 2008
(Amendment No 98) (2024 No 82) – published LW 22
March 2024
Mid-Western Regional Local Environmental
Plan 2012 (Amendment No 29) (2024 No 83) – published
LW 22 March 2024
Woollahra Local Environmental Plan 2014
(Amendment No 34) (2024 No 84) – published LW 22
March 2024
Port Stephens Local Environmental Plan 2013
(Amendment No 43) (2024 No 85) – published LW 22
March 2024
Sydney Local Environmental Plan 2012
(Amendment No 86) (2024 No 86) – published LW 22
March 2024
Sydney Local Environmental Plan 2012
(Amendment No 102) (2024 No 87) – published LW 22
March 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.