06 August 2025
33 min read
#New South Wales Government, #Workplace Relations & Safety
Published by:
Although working from home, ‘remote work’ or ‘hybrid work’ arrangements aren’t new, these terms became employment buzzwords because of the COVID-19 pandemic. Since then, the Australian workforce has seen a significant shift in how and where work is performed. Many organisations have acknowledged the growing emphasis on work-life balance and responded by permanently adopting hybrid work arrangements.
A recent decision under the federal Fair Work regime highlights some important factors for NSW government sector agencies to consider when reviewing flexible work arrangements and evaluating requests for such arrangements.
According to the Australian Bureau of Statistics (ABS), only 13% of working adults regularly worked from home prior to the pandemic. By August 2024, that number increased significantly to 36%. A recent research report published by the Australian HR Institute (AHRI), ‘Hybrid and Flexible Working Practices in Australian Workplaces in 2025’ found that the most popular hybrid arrangements for full time employees were as follows:
As a result of this shift, employees are now increasingly interested in roles which offer remote or hybrid options. According to AHRI, many employers believe that these arrangements boost productivity, employee retention and diversity. However, hybrid work also poses challenges for employers, such as reduced employee collaboration, disconnection between colleagues and difficulties in monitoring performance.
Section 65 of the Fair Work Act 2009 (Cth) (FW Act) allows eligible employees to request a flexible working arrangement. Such employees include those who have been permanently employed for at least 12 months, or casual employees who have regularly and systematically worked for an employer for at least 12 months.
Under section 65, employees can only request flexible work arrangements in circumstances where the employee is pregnant, is a parent or has parental responsibilities for school age children, is a carer, has a disability, is aged over 55, is experiencing family and domestic violence or is providing care to another household or family member experiencing domestic violence.
Employers can only refuse a request if they have reasonable business grounds and have taken certain steps, including:
Examples of reasonable business grounds for refusing a flexible work request could include the cost of the request, an inability to accommodate the request, operational impracticality, concerns about efficiency or the potential for negative impacts on work quality or customer service.
The Fair Work Commission’s recent decision in Collins v Intersystems Australia Pty Ltd [2025] FWC 1976 clarifies that an employee’s ‘preference’ alone is not sufficient to justify a flexible work order under the FW Act.
In this case, the applicant, Mr Collins, was a long-time employee of global software company Intersystems Australia, which operates an online record system known as TrakCare. Mr Collins held the position of Principle Technical Specialist, a role that required him to provide escalated technical support to TrakCare’s Front-Line support team when resolving complex operational issues.
During the COVID-19 pandemic, Intersystems implemented a hybrid working model, allowing Mr Collins to work from home on Wednesdays and Thursdays. However, in 2024, the company decided to require all staff to return to the office five days a week to improve reportedly poor user experiences.
In early 2025, Mr Collins made a formal request to continue working from home two days per week, citing his parental responsibilities for his two school-aged children and the need for work-life balance. Intersystems declined the request but offered for him to work from home one day per week. Mr Collins rejected the offer and subsequently brought an application under section 65 of the FW Act.
The key issues for determination in this case were:
The Commission held that Mr Collins had not established the required connection between his circumstances (his responsibilities as a parent) and the need for the flexible arrangements he sought. Deputy President Dean instead noted that Mr Collins’s request expressed a mere ‘preference’ to continue working from home two days per week.
“At [42]: I accept that the Applicant is the parent of two school-aged children and shares parental responsibilities with his wife. However the evidence does not demonstrate that he is required to work from home two days per week in order to meet those responsibilities. The Applicant conceded in cross examination that he has no specific caring duties between the core working hours of 9:00 am and 5:00 pm, and that he and his wife are able to manage school drop-offs and pick-ups through existing flexibility including adjusted start and finish times.”
Additionally, the Commission noted that even if Mr Collins’s request had been validly made, Intersystems had established a reasonable business ground to reject the request.
The Collins decision provides a useful entry point for reassessing the relevant flexible work arrangements that may apply to a particular NSW Government sector agency.
When assessing the current approach to flexible work arrangements, key questions include:
Government sector agencies should carefully consider the role of employee preference when setting or reviewing policies related to flexible work arrangements and when having regard to other sources of entitlement. The Collins decision is a useful reminder that beyond broad principles, the actual wording used is critically important and can influence the answer to any one of the questions above.
If you have any questions regarding your employees’ flexible work entitlements or about this article, please get in touch with us.
Authors: Stephen Trew & Olivia Vitlich
NSW ratepayers slugged $500 each in ‘cost shifting’
Local councils across NSW are being burdened with $1.5 billion of costs each year in ‘cost shifting’ from the state and federal governments. According to the LGNSW, cost shifting happens when the state and federal governments force local governments to take on responsibility for services, infrastructure and regulatory functions without providing adequate funding support. LGNSW President, Mayor Cr Phyllis Miller, has called for the practice to end (15 July 2025). Read more here.
Inquiry begins into TfNSW corruption claims
The NSW public sector corruption watchdog is holding a public inquiry into allegations transport department employees received kickbacks for contracts. The Independent Commission Against Corruption is investigating whether, since 2012, Transport for NSW staff have been awarding contracts to or favouring companies in return for benefits. The corruption allegations came to light after a TfNSW employee – tasked with vetting companies during the department’s maintenance and delivery tender process – began to question the basis on which the contracts were being awarded (13 July 2025). Read more here.
NSW audit finds gaps in state, local government cyber protections
A cybercrime expert has warned of a "worrying pattern" after government agencies were found to have implemented less than a third of basic cybersecurity protections in New South Wales. State government agencies only met 31 per cent of mandatory requirements to protect public data, according to a report released by the Audit Office of NSW last week. In total, 27 of these agencies reported 152 "significant, high, and extreme" cybersecurity threats in 2024 (8 July 2025). Read more here.
NSW government agencies warned against AI use for hiring decisions
The NSW Office of the Public Service Commissioner has published its Use of AI in Recruitment guidance, which states that AI should not be used for “making recruitment-based decisions”. “Agencies that choose to use AI during recruitment processes must ensure AI use is lawful, clearly and transparently documented, and that risks are appropriately identified and mitigated. Critically, AI must not replace humans in making decisions,” said the report (8 July 2025). Read more here.
The Art of Tax Reform: Unlocking opportunities to improve taxation for Australian creative industries
The Art of Tax Reform Summit, to be held at the Sydney Opera House on September 26, will produce recommendations for the next National Cultural Policy, due in 2028. More enterprises contributing to Australia’s $122.3 billion creative industry are based in NSW than anywhere else. But many leading organisations struggle to remain competitive in a rapidly changing world, and artists and arts workers face the challenge of unpredictable incomes (5 July 2025). Read more here.
NSW government unveils New Housing Pattern Book with designs for just $1
The NSW government will be able to “surpass” small councils to deliver new home approvals in just 10 days in the latest swipe at the state’s housing crisis. Premier Chris Minns launched the state government’s New Housing Pattern Book on Wednesday morning with eight terrace, townhouse, and manor house designs. Mr Minns said the homes, designs for which will cost just $1 for the first six months, would be subject to a fast-tracked 10-day approval free of council intervention (16 July 2025). Read more here.
NSW politicians’ pay rise limited to 3.5%
The NSW Government will legislate next month to limit parliamentarians’ pay increase this financial year to 3.5%. The increase comes following the end (on July 1) of the two-year wage freeze the Government had imposed on MPs, senior public servants, judges, the governor and other office holders. The Government has limited the pay rise, it says, to match the offer of a 3.5% rise given to the general public sector workforce last financial year, calling it a “responsible and fair course of action” (28 July 2025). Read more here.
Context, the Crown and circularity: recent statutory interpretation developments
Recent High Court decisions have clarified the unusual relationship between the key principle of context and provisions in the Acts Interpretation Act 1901 relating to extrinsic materials, but another issue about the relevance of extrinsic materials has arisen. The High Court has recharacterised an older principle about the use of defined terms in statutory interpretation that has been the subject of criticism and confusion (11 July 2025). Read more here.
Best practice tips for protecting privilege and mitigating discovery risks
A recent Federal Court decision reaffirms and elucidates the foundations of legal professional privilege and joint privilege, particularly in the in-house context. The dominant purpose benchmark is often not met in corporate environments where legal communications are frequently blended with strategic and operational communications (11 July 2025). Read more here.
Statement in relation to probate applications
On 21 July 2025 Chief Justice Andrew Bell published a Statement in relation to probate applications as the Court is aware of concerns from the profession and the Law Society in relation to delays in the processing of probate and letters of administration applications (21 July 2025). Access the Statement here.
Statement on Judicial Wellbeing by Chief Justice of New South Wales
On 4 March 2025, the General Assembly of the United Nations adopted Resolution 79/266, which proclaimed 25 July of each year as the International Day for Judicial Well-being. Member States, judicial institutions, academia and civil society were encouraged to observe the day through activities tailored towards education and increased public awareness of judicial well-being. This statement is directed to that end (25 July 2025). Access the Statement here.
Downing Centre courts face extended closure until late 2025 following major flooding
Sydney's Downing Centre court complex is now anticipated to remain closed until at least late 2025, following significant flooding caused by a burst Sydney Water main on 17 June. The incident, which saw a water main burst under Castlereagh Street, severely impacted the building’s critical electrical infrastructure, including an AusGrid substation that powers the entire facility. Matters previously listed at the Downing Centre have been relocated to alternative venues, including the John Maddison Tower, Central Court, King Street, and Darlinghurst Courts (9 July 2025). Read more here.
Have your say – Cultural Tax Reform
The creative industries are a fundamental part of Australia's cultural identity and economy. However, the current tax policy can be seen by the sector as a barrier to artists' business viability, international competitiveness and income stability. The Australian Government is approaching the halfway point of its five-year National Cultural Policy, Revive, and is looking ahead to determine the focus for future policies. The consultation period is open until 10 August 2025. Access the Discussion Paper here.
Have your say – Help inform the NSW Mental Health and Wellbeing Strategy
The Mental Health Commission of NSW is leading the development of the Strategy for Mental Health and Wellbeing in NSW. It will include a focus on the mental health service system as well as the broader goal of better mental health and wellbeing for all in the community. This will include a broad, coordinated effort across all areas of government to prevent suicide. The consultation period is open until 29 August 2025. Access the Consultation Paper here.
Have your say – Independent Review: criminal hate speech
An independent review, led by the Honourable John Sackar AM KC, is seeking feedback on the criminal law protections against the incitement of hatred in NSW. The Reviewer will assess whether existing protections are sufficient and recommend possible improvements, following the NSW Parliament passing the Crimes Amendment (Inciting Racial Hatred) Act 2025 (uncommenced), which criminalises the intentional incitement of racial hatred by a public act. The consultation period will be open until 6 August 2025. Access the Issue Paper here.
Australia must defend fundamental international legal principles and international institutions
“The rule of law holds all people to account equally, regardless of rank or station, and prevents the arbitrary use of power,” Law Council of Australia President, Juliana Warner said. “We are seeing actions being taken by governments around the world that undermine the rule of law and erode inviolable principles of international law (14 July 2025). Access the Media Release here.
Second Exposure Draft AML/CTF Rules
The Law Council notes that this consultation is the second consultation AUSTRAC has conducted on the Exposure Draft Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (Cth) (Draft Rules), with the first round commencing late last year regarding an earlier version of the Draft Rules, or the ED1 Rules. The Law Council acknowledges that AUSTRAC has made significant amendments to the Draft Rules following stakeholder feedback, including that of the Law Council, it received in response to that first round of consultation on the ED1 Rules. Access the Submission here.
Deeds of Release and complaints to integrity agencies
The Ombudsman NSW have recently become aware of a circumstance where an agency has, as a condition of settling a dispute, required a member of the public to sign a Deed of Settlement and Release that purport to block them from making or continuing to make a complaint to a NSW integrity body. This includes the Ombudsman and the Independent Commission Against Corruption (ICAC), both of whom are specifically referenced in the Deed. Such provisions are deeply concerning and likely legally unenforceable (7 July 2025). Access the Special Report here.
Submission to the Legal and Constitutional Affairs Legislation Committee inquiry into the Whistleblower Protection Authority Bill 2025 (No. 2)
This is the Ombudsman’s submission to the Senate Standing Committees on Legal and Constitutional Affairs on the Whistleblower Protection Authority Bill 2025 (No. 2). The submission provides information on the relevant elements of the NSW whistleblower protection scheme and the NSW Ombudsman’s role under the Public Interest Disclosure Act 2022 (NSW). It reflects the benefit of having a sufficiently funded whistleblower support function as part of the same body charged with oversighting the jurisdiction’s public interest disclosures scheme (9 July 2025). Access the Submission here.
Best Practice Legislative Development Checklist
As Senators and Members return to Parliament this week, the Law Council of Australia has prepared a helpful checklist outlining the minimum steps that must be taken to develop effective legislation. “The Law Council has been increasingly concerned that legislative processes are being rushed unnecessarily, lack transparency, and overlook key steps in the development process,” Law Council of Australia President, Juliana Warner said (21 July 2025). Access the Media Release here.
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – procedure and powers – motion to dismiss or permanently stay proceedings in light of alleged in-principle settlement – proceedings stayed pending further Order of the Commission.
Civil Procedure Act 2005; Industrial Relations Act 1996.
LFD Homes Pty Ltd v The Council of the City of Sydney [2025] NSWLEC 1492
DEVELOPMENT APPLICATION – change of use from 32 room boarding house to 4 dwellings – the proposed change of use would result in the unacceptable loss of affordable rental boarding house accommodation in the local area – the existing boarding house could be viable and able to achieve a reasonable return following the renovation works
Environmental Planning and Assessment Act 1979 s 8.7; Land and Environment Court Act 1979 s 34; Environmental Planning and Assessment Regulation 2021; State Environmental Planning Policy (Housing) 2021 Pt 3, ss 45, 46, 47, 48; Sydney Local Environmental Plan 2012.
Zillman v New South Wales Treasury [2025] NSWCATAD 161
ADMINISTRATIVE LAW – Freedom of information – access to information – ground for refusing access raised by third party objector and opposed by respondent agency.
CIVIL PROCEDURE – parties – application for joinder.
Administrative Decisions Review Act 1997 (NSW); Catholic Cemeteries and Crematoria Trust Act 2024 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Crimes (Administration of Sentences) Act 1999 (NSW); Crown Land Management Act 2016 (NSW); Government Information (Public Access) Act 2009 (NSW) (“GIPA Act”).
Thaler v Secretary, Department of Planning, Housing and Infrastructure [2025] NSWCATOD 88
LOCAL GOVERNMENT – councillors – misconduct – breach of Code of Conduct – validity of decision – appropriate orders
Local Government Act 1993 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).
Impala Kitchens and Bathrooms Pty Ltd v Chief Commissioner of State Revenue [2025] NSWCATAD 162
REVENUE LAW – State taxes – payroll tax – assessment – objection – appeal.
REVENUE LAW – penalties – reasonable care – whether tax default due to matters beyond control of taxpayer – remission – Revenue Ruling PTA 036 – Practice Note CPN 024.
ADMINISTRATIVE LAW – reviewable decision – correct and preferable decision – Civil and Administrative Tribunal.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Payroll Tax Act 2007 (NSW); Taxation Administration Act 1996 (NSW).
GTK v NSW Treasury [2025] NSWCATAP 174
APPEAL – leave to appeal – interlocutory decision – discretionary decision – House v The King principles – adequate reasons – breach of procedural fairness – constructive failure to exercise jurisdiction
INTERIM APPLICATION – extension of time – delay – medical evidence – prejudice – substantial merit
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 1988 (NSW).
Radovic v Secretary, Department of Customer Service [2025] NSWCATOD 92
Administrative Law – application for certificate of registration as an assistant real estate agent – fit and proper person.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997’ Property and Stock Agents Act 2002.
Muanes v Western Sydney Local Health District [2025] NSWCATAD 175
ADMINISTRATIVE LAW – administrative review – Government Information – information not held – reasonableness of searches – remission of administratively reviewable decision.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW).
Buttai Gravel Pty Ltd v Independent Planning Commission [2025] NSWLEC 1525
DEVELOPMENT APPLICATION – appeal – hard rock quarry – State significant development –pedestrian safety – traffic safety – traffic flow – uncertainty of impacts of intended road improvements – social baseline – negative social impacts related to quarry product road haulage – negative amenity impacts of quarry product road haulage – feasibility of rail haulage – economic benefits of the quarry – strategic benefits of quarry to major infrastructure – negative consequences outweigh benefits – insufficient information.
Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 4.36, 4.38, 4.40, 4.5, 8.7; Land and Environment Court Act, s 39; Roads Act 1993, s 138.
SafeWork NSW v AWB Contractors Pty Ltd (In Liquidation) [2025] NSWDC 273
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury.
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty.
COSTS – prosecution costs.
OTHER – sunken yacht salvage – crane lift failed – mast struck worker on head – failure to conduct an adequate risk assessment – failure to develop and enforce a Safe Work Method statement – failure to prohibit workers from exceeding safe working limits of the crane – failure to prohibit workers from using inadequate load lifting points – failure to provide adequate training, instruction and supervision – PPE not in use.
Corporations Act 2001 (Cth), s 588G; Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 26, 27, 28, 30A, 30B, 30D, 30E; Fines Act 1996 (NSW), ss 6, 122; Work Health and Safety Act 2011 (NSW), ss 3, 19, 32.
SafeWork NSW v Paul Whitmarsh (No. 4) [2025] NSWDC 274
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury.
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty – no extra-curial punishment.
COSTS – prosecution costs.
OTHER – sunken yacht salvage – crane lift failed – mast struck worker on head – failure of director to exercise due diligence – director did not put appropriate processes in place – director provided no appropriate resources – failure to verify PPE was in use.
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 26, 27, 28, 30A, 30B, 30D, 30E; Corporations Act 2001 (Cth), s 588G; Fines Act 1996 (NSW), ss 6, 122; Work Health and Safety Act 2011 (NSW), ss 3, 19, 27, 32.
EHG v The Hon Yasmin Catley MP [2025] NSWCATAD 176
ADMINISTRATIVE LAW – Privacy and Personal Information Protection Act 1998 (NSW) – reviewable decision – Public sector agency – jurisdiction.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act (2013) (NSW); Government Sector Audit Act 1983 (NSW); Government Sector Audit Regulation 2021; Government Sector Finance Act 1983 (NSW); Government Sector Finance Act 2018 (NSW); Government Sector Finance Legislation (Repeal and Amendment) Act 2018 (NSW); Members of Parliament Staff Act 2013 (NSW); Privacy and Personal Information Protection Act 1998 (NSW); Public Sector Finance Legislation (Repeal and Amendment) Act 2018 (NSW); Workers Compensation Act 1987 (NSW).
HCB v Commissioner of Police, NSW Police Force [2025] NSWCATAD 179
ADMINISTRATIVE REVIEW; Firearms Act 1993 (NSW); fit and proper person; contrary to the public interest.
Administrative Decisions Review Act 1977; Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW); Firearms Act 1993; Firearms Regulation 2017 (NSW).
Schwedler v Sydney Local Health District [2025] NSWCATAD 181
DISCRIMINATION – disability discrimination – employment, whether actions taken by management constituted disability discrimination.
Anti-Discrimination Act 1977 (NSW).
Beech v Commissioner of Police, NSW Police Force [2025] NSWCATAD 185
ADMINISTRATIVE LAW – administrative review – firearms licence – public interest – mental health – failure of medical evidence to provide risk assessment of suicidal ideation – whether Tribunal can be satisfied no real and appreciable risk to public safety.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Firearms Act 1996.
State of New South Wales v T2 (by his tutor T1) [2025] NSWCA 165
NEGLIGENCE – duty of care – breach of duty – causation – nature and scope of a school’s duty of care – student attacked after school outside school grounds by other students, instigated by a student with previous history of incidents – alleged breaches involving lack of teacher supervision or available staff assistance and inadequate risk assessment process – whether a school’s duty is breached with respect to an injury sustained outside of school hours beyond school grounds is dependent on the particular facts – issue here is at borderline between identifying scope of the duty and whether or not it has been breached – breach established – causation established.
Civil Liability Act 2002 (NSW), ss 5B-5E.
O’Neill v Commissioner of Police, NSW Police Force [2025] NSWCATAP 175
APPEALS – administrative review of an administratively reviewable decision – whether the Tribunal misdirected itself as to its authority to review the internal review decision of the respondent to revoke the appellant’s firearms licence – the proper construction and application of section 53(5) and (5A) of the Administrative Decisions Review Act 1997 (NSW) (ADR Act) – whether on internal review under section 53 of the ADR Act it was open to the internal reviewer to substitute a decision to impose a condition on the appellant’s licence (section 19(1) of the Firearms Act 1996) with a decision to revoke the appellant’s firearms licence (section 24 of the Firearms Act 1996), or was it a new decision for which the appellant had a right to seek internal but not duly applied for such a review (Administrative Decisions Review Act 1997 section 55(3)).
APPEALS – a question of law – self-represented appellant – Tribunal identified the wrong issue and asked the wrong question – conflation of the fit and proper person test and the public interest test (Firearms Act 1997 (NSW) sections 11(3)(a), 11(7), 24(2)(c) and (d) and Firearms Regulation 2017 (NSW) clause 20).
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Firearms Act 1996 (NSW); Firearms Regulation 2017 (NSW).
Masters v Healthshare NSW [2025] NSWSC 821
ADMINISTRATIVE LAW – review of medical assessment by appeal panel – judicial review of appeal panel decision – where medical assessment certificate revoked by appeal panel – whether appeal panel erred in finding demonstrable error in assessment of impairment for concentration, persistence and pace – whether appeal panel misunderstood statutory task.
Personal Injury Commission Rules 2021 (NSW), r 128; Workers Compensation Act 1987 (NSW), ss 65A, 66; Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 323, 324, 327, 328.
Briscoe-Hough v Minister for Local Government (No 3) [2025] NSWLEC 78
JUDICIAL REVIEW – challenge to Notice of Intention to issue a Performance Improvement Order under s 438 of the Local Government Act 1993 – seeking an order to declare the Notice and subsequent Order invalid – requirement to attach evidence to Notice of Intention – summons dismissed.
Local Government Act 1993 (NSW), ss 438A, 438B, 438C, 438F, 438G, 438I, 438K, 438ZA, 674.
Mitra v Chief Commissioner of State Revenue (No 2) [2025] NSWCATAD 186
COSTS – General rule that self-represented litigant cannot recover costs of their own time – abrogation of Chorley exception in Bell Lawyers v Pentelow applies to preclude recovery of costs comprising time of preparation and attendance by a self-represented litigant who is also a lawyer – no special circumstances to warrant an award of costs.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).
Chen v Chief Commissioner of State Revenue [2025] NSWCATAD 189
ADMINISTRATIVE LAW – administrative review – assessment – objection – review by Civil and Administrative Tribunal.
STATE TAXES – surcharge land tax – whether applicant a “foreign person” – whether applicant “ordinarily resident” in Australia – whether applicant was actually in Australia during 200 or more days in the calendar year – exceptional circumstances – brief absence – discretion.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); Land Tax Act 1956 (NSW); State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW); Taxation Administration Act 1996 (NSW).
UPG 72 Pty Ltd v Blacktown City Council (No 2) [2025] NSWLEC 77
COSTS: whether the respondent should pay the applicant’s costs in compulsory acquisition proceedings – where the applicant was awarded more compensation than that contended for by the respondent but less than the Valuer-General’s offer and less than it sought in the proceedings – applicable legal costs principles compulsory acquisition proceedings – respondent to pay the applicant’s costs of the proceedings and of the motion.
Civil Procedure Act 2005, s 98; Land Acquisition (Just Terms Compensation) Act 1991, s 66; Local Government Act 1993, ss 24 and 186(1); Land and Environment Court Rules 2007, r 3.7; Uniform Civil Procedure Rules 2005, r 42.1.
Shand v Chief Commissioner of State Revenue [2025] NSWSC 818
TAXES AND DUTIES – dutiable transactions – dutiable property – agreement for sale or transfer – where executor purchased land forming part of residue of unadministered estate in her personal capacity – whether transaction was an ‘agreement’ under s 8(1)(b)(i) of the Duties Act 1997 (NSW) – meaning of agreement.
TAXES AND DUTIES – dutiable transactions – dutiable property – surrender of an interest in land – land forming part of residue of unadministered estate – whether other residuary beneficiaries’ interests were ‘interests in land’ under s 8(1)(b)(iii) of the Duties Act – nature of interests of residuary beneficiaries – whether interests of residuary beneficiaries were ‘surrendered’ in transfer of land to executor.
Conveyancing Act 1919 (NSW) ss 7, 24 and 54A; Duties Act 1997 (NSW) ss 7, 8, 9, 11, 29, 63, 147, 158, 158A and 159; Probate and Administration Act 1898 (NSW) s 44; State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (NSW); Taxation Administration Act 1996 (NSW) s 97.
Proclamations commencing Acts
Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Act 2025 No 34 (2025-327) – published LW 4 July 2025
Health Services Amendment (Northern Beaches Hospital Deed Termination) Act 2025 No 41 (2025-367) – published LW 23 July 2025
Regulations and other miscellaneous instruments
Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2025 (2025-328) – published LW 4 July 2025
National Parks and Wildlife Amendment Regulation 2025 (2025-329) – published LW 4 July 2025
Order regarding volunteers taking part in emergency operations (2025-322) – published LW 30 June 2025 at 2:15pm
Order regarding volunteers taking part in emergency operations (2025-325) – published LW 2 July 2025 at 12:15pm
Passenger Transport (Opal and Other Fares) Amendment Order (No 2) 2025 (2025-330) – published LW 4 July 2025
Protection of the Environment Operations (General) Amendment (Regulation of PFAS) Regulation 2025 (2025-331) – published LW 4 July 2025
Screen and Digital Games Industries (Advisory Committee) Regulation 2025 (2025-323) – published in the Screen and Digital Games Industries Act 2025 No 23, Schedule 2
Surrogacy Amendment (Qualified Counsellors) Regulation 2025 (2025-326) – published LW 2 July 2025
Unclaimed Money Regulation 2025 (2025-324) – published in the Unclaimed Money Act 1995 No 75, Schedule 3
Environmental Planning and Assessment Amendment (Housing and Productivity Contributions Scheme) Regulation 2025 (2025-340) – published LW 11 July 2025
Motor Accident Guidelines Version 10 (2025-341) – published LW 11 July 2025
Treasurer’s Direction TD25-04 Climate-related financial disclosures (2025-342) – published LW 11 July 2025
Uniform Civil Procedure (Amendment No 105) Rule 2025 (2025-343) – published LW 11 July 2025
Environmental Planning and Assessment Amendment (Pattern Book Development) Regulation 2025 (2025-354) – published LW 16 July 2025
Electricity Network Assets (Dissolution of Ports Assets Ministerial Holding Corporation) Regulation 2025 (2025-368) – published LW 25 July 2025
Final Determination [Biodiversity Conservation Act 2016] (2025-369) – published LW 25 July 2025
Treasurer’s Direction TD25-03 Contingency Management Special Access Protocols (2025-370) – published LW 25 July 2025
Environmental Planning Instruments
Cessnock Local Environmental Plan 2011 (Amendment No 46) (2025-332) – published LW 4 July 2025
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 17) (2025-333) – published LW 4 July 2025
Inner West Local Environmental Plan (Housing) (Map Amendment No 3) (2025-334) – published LW 4 July 2025
Inner West Local Environmental Plan 2022 (Map Amendment No 3) (2025-335) – published LW 4 July 2025
Ku-ring-gai Local Environmental Plan (Housing) (Map Amendment No 2) (2025-336) – published LW 4 July 2025
Maitland Local Environmental Plan 2011 (Map Amendment No 6) (2025-337) – published LW 4 July 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 11) (2025-339) – published LW 4 July 2025
Parramatta Local Environmental Plan 2023 (Map Amendment No 9) (2025-338) – published LW 4 July 2025
Carrathool Local Environmental Plan 2012 (Map Amendment No 3) (2025-344) – published LW 11 July 2025
Clarence Valley Local Environmental Plan 2011 (Amendment No 55) (2025-345) – published LW 11 July 2025
Kiama Local Environmental Plan 2011 (Amendment No 26) (2025-346) – published LW 11 July 2025
Lismore Local Environmental Plan 2012 (Amendment No 57) (2025-347) – published LW 11 July 2025
Lismore Local Environmental Plan 2012 (Amendment No 58) (2025-348) – published LW 11 July 2025
Parkes Local Environmental Plan (Precincts – Regional) (Map Amendment No 1) (2025-349) – published LW 11 July 2025
State Environmental Planning Policy (Planning Systems) Amendment (Kanwal Site) 2025 (2025-350) – published LW 11 July 2025
State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Exempt Development) 2025 (2025-351) – published LW 11 July 2025
State Environmental Planning Policy (Transport and Infrastructure) Amendment (Government Schools) 2025 (2025-352) – published LW 11 July 2025
Sydney Local Environmental Plan 2012 (Amendment No 108) (2025-353) – published LW 11 July 2025
Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 7) (2025-356) – published LW 18 July 2025
Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 7) (2025-357) – published LW 18 July 2025
Central Coast Local Environmental Plan 2022 (Map Amendment No 12) (2025-358) – published LW 18 July 2025
Forbes Local Environmental Plan 2013 (Map Amendment No 2) (2025-359) – published LW 18 July 2025
Georges River Local Environmental Plan 2021 (Amendment No 12) (2025-360) – published LW 18 July 2025
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 14) (2025-361) – published LW 18 July 2025
Greater Hume Local Environmental Plan 2012 (Map Amendment No 2) (2025-362) – published LW 18 July 2025
Ku-ring-gai Local Environmental Plan 2015 (Amendment No 39) (2025-363) – published LW 18 July 2025
Newcastle Local Environmental Plan 2012 (Amendment No 55) (2025-364) – published LW 18 July 2025
Parkes Local Environmental Plan 2012 (Map Amendment No 1) (2025-365) – published LW 18 July 2025
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Pattern Book Development Code) 2025 (2025-355) – published LW 16 July 2025
Willoughby Local Environmental Plan 2012 (Amendment No 39) (2025-366) – published LW 18 July 2025
Bayside Local Environmental Plan 2021 (Map Amendment No 6) (2025-371) v published LW 25 July 2025
Canada Bay Local Environmental Plan 2013 (Map Amendment No 8) (2025-372) – published LW 25 July 2025
Liverpool Local Environmental Plan (Precincts – Western Parkland City (Map Amendment No 4) (2025-373) – published LW 25 July 2025
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 15) (2025-374) – published LW 25 July 2025
Murrumbidgee Local Environmental Plan 2013 (Map Amendment No 1) (2025-375) – published LW 25 July 2025
Newcastle Local Environmental Plan 2012 (Amendment No 56) (2025-376) – published LW 25 July 2025
Wagga Wagga Local Environmental Plan 2010 (Map Amendment No 13) (2025-377) – published LW 25 July 2025
Woollahra Local Environmental Plan 2014 (Amendment No 42) (2025-378) – published LW 25 July 2025
Bills assented to
Appropriation Act 2025 No 35 – Assented to 01 July 2025
Appropriation (Parliament) Act 2025 No 36 – Assented to 01 July 2025
Revenue and Other Legislation Amendment Act 2025 No 37 – Assented to 01 July 2025
Statute Law Amendment (Administrative Appeals Tribunal) Act 2025 No 38 – Assented to 03 July 2025
Cultural Institutions Legislation Amendment Act 2025 No 39 – Assented to 03 July 2025
Government Sector Audit Amendment (Performance Audit Reports) Act 2025 No 40 – Assented to 03 July 2025
Health Services Amendment (Northern Beaches Hospital Deed Termination) Act 2025 No 41 – Assented to 03 July 2025
Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 No 42 – Assented to 03 July 2025
Disclaimer
The information in this article 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 article is accurate at the date it is received or that it will continue to be accurate in the future.
Published by:
