Portable bonds scheme to deliver cost of living relief
Millions of renters across the state will soon be able to move homes and transfer their bond with them with the Minns Labor Government investing $6.6 million to develop and deliver the nation’s first Portable Rental Bonds Scheme. There is a turnover of more than 330,000 tenancies every year across the state, with the average tenancy 1.6 years (29 July 2024). Read more here.
Veterans’ employment exceeds targets in NSW
Since October 2022 there have been 773 veteran hires, ahead of the 18-month target of 750. This includes 239 veterans hired into roles in the last 6 months across various government departments, led by the Department of Education, Department of Communities and Justice, and NSW Health. Managed by the NSW Office for Veterans Affairs, the Veterans Employment Program gives former service men and women a better understanding of the public sector job application process. The program is on track to secure 2,000 jobs for veterans by December 2026 (28 July 2024). Read more here.
New agreements deliver $296 million of road repair funding in just three months
More than $296 million in fast tracked new funding has flowed to regional NSW councils to repair roads and transport infrastructure damaged during natural disasters in just three months. The money flowed between April and June after the NSW Labor Government announced the delivery of a series of new pilot funding agreements between councils, the NSW Reconstruction Authority and Transport for NSW (29 July 2024). Read more here.
Overdue protections for gig workers as NSW Government updates industrial safeguards
The NSW Government will legislate long-overdue protections for gig workers in the food delivery and ride share sectors, delivery drivers and truck drivers. Our economy has changed rapidly over recent years while industrial relations laws have not kept pace. Currently gig workers have no minimum rates of pay or conditions. They have no unfair dismissal protections, and no recourse to an independent industrial umpire (28 July 2024). Read more here.
Law Council Update – Law Council of Australia
In this edition of LCA Update, read the LCA’s submission on the Statutory Review of the Online Safety Act 2021, which emphasises on strengthening protections to ensure users of online platforms, especially children, are safeguarded from abusive, or harmful, content. Other advocacy updates include submissions on Indigenous cultural and intellectual property rights and the Government’s Humanitarian Program for 2024/25. In addition, Law Council President-elect, Juliana Warner, attended a ceremonial sitting at the Federal Court of Australia in Sydney to welcome the Honourable Justice Jane Needham as a new judge of that Court (19 July 2024). Read this edition here.
New NCAT Deputy President and Division Head appointed
Experienced Tribunal Member and solicitor Theresa Simon has been appointed as the new Deputy President and Head of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT). With more than 20 years working in the legal sector, including the past decade at NCAT, Ms Simon is committed to helping clients resolve a range of disputes, including residential tenancy, consumer, home building and strata disputes (29 July 2024). Read more here.
Consumers, carers and community members appointed to new Advisory Council
The NSW Government has welcomed 14 community members to a new Advisory Council to help guide how care is delivered across the NSW public health system. By sharing their advice and perspectives, the NSW Health Consumer, Carer and Community Advisory Council will elevate the critically important voice of consumers, carers and community members on system and statewide issues. The new members will work with representatives from the Ministry of Health, to identify areas for improvement and inform the development of better policies, programs and services (29 July 2024). Read more here.
Inquiry into economic self-determination and opportunities for First Nations Australians
The Law Council of Australia provides a submission to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs in relation to its inquiry into economic self-determination and opportunities for First Nations Australians. This submission is targeted towards how legal mechanisms and initiatives can make a positive impact along the path towards economic self-determination for First Nations people (22 July 2024). Access the submission here.
Dibb v Transport for New South Wales (No 2) [2024] NSWCA 176
JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal – whether judgment should be set aside under Uniform Civil Procedure Rules 2005 (NSW), r 36.16.
COSTS – application to vary costs order – whether parties should be permitted to make further submissions on costs.
Civil Procedure Act 2005 (NSW), s 56; Uniform Civil Procedure Rules 2005 (NSW), r 36.16.
Davies v Commissioner of Police, NSW Police Force [2024] NSWCATAD 210
Administrative Law – licensing – firearms – revocation of licence – fit and proper person – public interest.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997; Firearms Act 1996; Firearms Regulation 2017.
Cornish v Penrith City Council (No 2) [2024] NSWCATAP 146
COSTS – Rule 38A Civil and Administrative Tribunal Rules 2014 – where party given leave to be legally represented on the condition that it may not recover legal costs – special circumstances.
LOCAL GOVERNMENT – councillors.
Civil and Administrative Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW).
Berejiklian v Independent Commission Against Corruption [2024] NSWCA 177
ADMINISTRATIVE LAW – judicial review of “serious corrupt conduct” findings made by Independent Commission Against Corruption against former Premier – where Commission’s report adopted findings of credibility made by person who presided at public inquiries – where the appointment of the person who presided at public inquiries as an Assistant Commissioner expired after conclusion of those public inquiries and that person appointed as a consultant and accordingly officer of Commission prior to report being finalised – whether assistance of presiding officer as consultant in preparation of report outside limits of her authority – whether Commission could adopt credibility assessments made by presiding officer after her appointment as Assistant Commissioner had expired.
ADMINISTRATIVE LAW – judicial review of “serious corrupt conduct” findings made by Independent Commission Against Corruption against former Premier – whether “no evidence” to support finding applicant influenced by her private interest in maintaining close personal relationship – whether non-pecuniary personal relationship capable of being “private interest” giving rise to conflict of interest and public duty – whether applicant as parliamentarian and Minister of the Crown had legally enforceable positive duty to act only according to what she believed to be in public interest – whether Commission made findings about merits of funding proposals – whether s 7 of NSW Ministerial Code and cll 10-12 of Schedule to code applies to Premier – whether applicant’s conduct in relation to funding decisions constrained by duty to act impartially – whether finding of partial conduct requires finding that but for unacceptable reason conduct would not have occurred – whether finding of partial conduct requires comparative exercise – whether Commission reached illogical or irrational result by making “serious corrupt conduct” finding but also refusing to recommend advice be sought as to whether to prosecute applicant – whether “dishonest” in s 8(1)(b) of Independent Commission Against Corruption Act 1988 (NSW) requires person to realise his or her conduct dishonest according to standards of ordinary people.
Constitution Act 1902 (NSW), s 35E(1) ; Evidence Act 1995 (NSW), s 55(1); Independent Commission Against Corruption Act 1988 (NSW), ss 2A, 3(1), 4(1), 5(1), 6, 6A, 7(1), 8, 9, 11, 13, 17, 18(2), 20, 30, 31, 31B, 55, 57B, 74, 74A-74D, 75, 77, 77A, 104B, 107, 111, 112(1), Sch 1, cl 5(4); Interpretation Act 1987 (NSW), s 35; Restart NSW Fund Act 2011 (NSW), s 3; Supreme Court Act 1970 (NSW), ss 48, 51(2), 69; Independent Commission Against Corruption Regulation 2017 (NSW), cl 5; NSW Ministerial Code of Conduct, Preamble, cll 1, 3, 4, 11, ss 1, 4, 6-12, Sch, cll 2(3)(c), 3(5)(c), 10-13, 27.
Whites Beach Investments Pty Ltd v Byron Shire Council [2024] NSWLEC 75
JUDICIAL REVIEW – whether development consent has lapsed – whether evidence establishes physical commencement – whether declaration appropriate where no contradictor.
Environmental Planning and Assessment Act 1979 (NSW), s 99 (repealed); Evidence Act 1995 (NSW), s 144; Local Government Act 1919 (NSW) (repealed); Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 (NSW), s 2, Sch 3 cll 1, 7 (repealed); Interim Development Order No 1 – Shire of Byron 1968 (NSW).
Borg v Blacktown City Council [2024] NSWLEC 1425
APPEAL – development application – alterations and additions to existing dwelling house to raise it by 3m – existing dwelling house in flood prone land.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7; Land and Environment Court Act 1979, s 34AA; Blacktown Local Environmental Plan 2015, cll 4.2A, 5.21; State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9; State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6; Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023; Standard Instrument (Local Environmental Plans) Order 2006, cl 8.
Moujalli v Penrith City Council [2024] NSWLEC 1424
DEVELOPMENT APPLICATION – mixed use development with approval for use of ground and first floors as a childcare centre – whether, given its width, the site is suitable for the proposed development – whether the proposed development provides safe access to the basement and parking spaces - whether built form of the proposed development is incompatible with the character of the locality – insufficient landscaping and impacts on trees – whether the proposed development will have an unacceptable impact on the amenity of neighbouring residential properties – whether the internal amenity of the proposed childcare centre is acceptable -whether the development has been designed and will be constructed and operated in a sustainable manner- appeal dismissed.
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7; Land and Environment Court Act 1979, ss 34, 39; Penrith Local Environmental Plan 2010, cll 2.3, 4.3, 4.4, 7.4, 7.30; State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.3, 3.22, 3.23, 3.26, 3.27, Ch 3.
Denton v Chief Commissioner of State Revenue [2024] NSWCATAD 206
TAXES AND DUTIES – consideration of penalties and interest – no reasonable care – no remission.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); Foreign Acquisitions and Takeovers Act 1975 (Cth); Taxation Administration Act 1996 (NSW); Treasury and Revenue Legislation Amendment Act 2023 No 26 (NSW).
Commissioner of the Australian Federal Police v Xin [2024] NSWSC 891
CRIME – proceeds of crime – Proceeds of Crime Act 2002 (Cth) – application to exclude property from restraining orders – whether Official Trustee was negligent in the management of the property.
Proceeds of Crime Act 2002 (Cth), ss 29, 31, 38, 39(1)(b), 76, Part 2-1 Div 6, 190, 191; Civil Liability Act 2002 (NSW), Part 5; Contracts Review Act 1980 (NSW).
Beryar v Sydney Trains [2024] NSWCATAD 205
ADMINISTRATIVE LAW – Freedom of information – access to information – GIPA – CCTV footage – public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing exercise – pixelation of personal information.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).
Jaggi v City of Parramatta Council (No 3) [2024] NSWIRComm 1043
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – procedure and powers – costs – whether proceedings instituted without reasonable cause.
Civil Procedure Act 2005; Industrial Relations Act 1996, s 181.
Strathfield Municipal Council v Malass (No 5) [2024] NSWLEC 74
COSTS – application for gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) in certain amount – sufficient material before court to enable gross sum costs order to be made – circumstances of substantive civil enforcement proceeding justify making a gross sum costs order.
Environmental Planning and Assessment Act 1979 (NSW); Civil Procedure Act 2005 (NSW), s 98; Legal Profession Uniform Law 2014 (NSW).
Mundine v Forestry Corporation of NSW [2024] NSWLEC 70
JUDICIAL REVIEW: decision to approve forestry operational plans – whether compliance with principles of ecological sustainable forestry management a mandatory precondition or consideration – whether satisfaction of principles of ecological sustainable forestry management a jurisdictional fact – whether compliance with the conditions of the Coastal Integrated Forestry Operations Approval 2018 a mandatory consideration – whether respondent obliged to consult applicant on planned forestry operations – whether applicant denied procedural fairness – materiality.
Forestry Act 2012, ss 3, 5, 10, 11, 21, 22, 69G, 69K, 69L, 69M, 69N, 69NA, 69P, 69Q, 69R, 69RA, 69SA, 69SB, 69W, 69X, 69Y, Pt 3, Div 2, Pt 4, Div 2, Pt 5A, Pt 5B, Div 2; Forestry Legislation Amendment Bill 2018; Land and Environment Court Rules 2007, r 4.2; Native Title Act 1993 (Cth), Pt 2, Div 3.
MXS2 v Georges River Grammar School formerly known as St Paul's Choir School [2024] NSWSC 893
COSTS – costs assessment – specified gross sum costs order – Civil Procedure Act, s 98(4)(c) – specified gross sum costs order made – application for assessed costs rejected – discount applied.
Civil Procedure Act 2005 (NSW) ss 67, 98; Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5; Legal Profession Uniform Law 2014 (NSW) s 172(1); Uniform Civil Procedure Rules 2005 (NSW) rr 2.1, 36.16(3); Vexatious Proceedings Act 2008 (NSW) s 8.
Smith v Transport for New South Wales [2024] NSWCATOD 103
ADMINISTRATIVE REVIEW – drivers’ authority – bus driver - good repute – fit and proper person – s 11 Passenger Transport Act 1990 (NSW) – s 12 Passenger Transport Act 1990 (NSW).
Administrative Decisions Review Act 1997 (NSW), ss 9. 63; Passenger Transport Act 1990 (NSW), ss 4,11,12, 52.
Kanaan v Commissioner for Fair Trading [2024] NSWCATOD 106
ADMINISTRATIVE LAW – home building – application for individual contractor licence – general building work – application of instrument – experience requirements – “wide range of building construction work”.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Act 2013 (NSW); Home Building Act 1989 (NSW); Licencing Registration (Uniform Procedures) Act 2002 (NSW).
Sethi v Secretary, Department of Communities and Justice [2024] NSWCATAP 142
PRATICE AND PROCEDURE – failure to comply with directions – relevance of Tribunal complaint process to determination of appeal – obligation on a party to comply with directions – dismissal for want of prosecution, abuse of process and failure to comply with directions.
Civil and Administrative Tribunal Act, 2013 (NSW); Civil and Administrative Tribunal Rules, 2014 (NSW); Civil Procedure Act 2005 (NSW); Government Information (Public Access) Act 2009 (NSW).
Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 173
CONTRACTS – formation – acceptance of offer – whether there was sufficient communication of acceptance – where the respondent Council had passed a resolution accepting the appellant’s offer during a Council meeting which was open to the public and livestreamed on its website and published a copy of the unsigned minutes of the meeting (which recorded that such resolution was passed) on its website the following day – where a rescission motion was lodged in respect of that resolution shortly after the meeting ended and the Council took no steps to notify the appellant that such resolution had been passed or to otherwise directly communicate its acceptance of the offer to the appellant – whether the legislative and regulatory framework affecting the Council’s operations were matters of context relevant to the objective assessment of whether there was effective communication of acceptance.
LAND LAW – conveyancing – requirements of Writing – whether the signed minutes of the Council meeting comprised a “memorandum or note” of a contract for sale for the purposes of s 54A of the Conveyancing Act 1919 (NSW) – whether the mayor and general manager who signed the minutes were lawfully authorised signatories pursuant to s 54A.
LOCAL GOVERNMENT – whether land acquired by resumption under s 532 of the Local Government Act 1919 (NSW) was “land subject to a trust for a public purpose” and therefore should be classified as “community land” for the purposes of cl 6(2)(b) of Sch 7 of the Local Government Act 1993 (NSW).
Conveyancing Act 1919 (NSW), s 54A; Local Government Act 1919 (NSW) ss 331, 526, 532, 536A; Local Government Act 1993 (NSW), ss 9, 10, 10A, 220, Ch 12, ss 360, 367, 371, 372, 375, Sch 7 cl 6(2)(b); Local Government (General) Regulation 2005 (NSW), Pt 7, reg 178(3)(e); Local Government (General) Regulation 2021 (NSW), reg 178(1)(a), (3)(e), reg 232, reg 393B.
Regulation and other miscellaneous instruments
Environmental Planning and Assessment Amendment (High Speed Rail Authority) Regulation 2024 (2024-315) – published LW 26 July 2024
Workers Compensation Amendment (Information Disclosure) Regulation 2024 (2024-314) – published LW 24 July 2024
Child Protection (Working with Children) Amendment (Fee Increase) Regulation 2024 (2024-303) – published LW 19 July 2024
National Disability Insurance Scheme (Worker Checks) Amendment (Fee Increase) Regulation 2024 (2024-304) – published LW 19 July 2024
Environmental Planning Instruments
Dubbo Regional Local Environmental Plan 2022 (Amendment No 5) (2024-316) – published LW 26 July 2024
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 9) (2024-317) – published LW 26 July 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 1) (2024-318) – published LW 26 July 2024
Parramatta Local Environmental Plan 2023 (Map Amendment No 5) (2024-319) – published LW 26 July 2024
Willoughby Local Environmental Plan 2012 (Amendment No 38) (2024-320) – published LW 26 July 2024
Canterbury-Bankstown Local Environmental Plan 2023 (Map Amendment No 2) (2024-305) – published LW 19 July 2024
North Sydney Local Environmental Plan 2013 (Map Amendment No 7) (2024-306) – published LW 19 July 2024
Ryde Local Environmental Plan 2014 (Amendment No 32) (2024-307) – published LW 19 July 2024
Upper Hunter Local Environmental Plan 2013 (Amendment No 5) (2024-308) – published LW 19 July 2024
Waverley Local Environmental Plan 2012 (Amendment No 26) (2024-309) — published LW 19 July 2024
Waverley Local Environmental Plan 2012 (Amendment No 27) (2024-310) – published LW 19 July 2024
Willoughby Local Environmental Plan 2012 (Amendment No 37) (2024-311) – published LW 19 July 2024
Woollahra Local Environmental Plan 2014 (Amendment No 36) (2024-312) – published LW 19 July 2024
Woollahra Local Environmental Plan 2014 (Amendment No 37) (2024-313) – published LW 19 July 2024
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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