Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
RECENT PUBLICATIONS
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The Band Plays On – Physical Commencement under the EPA Act
In the Land and Environment Court decision of Sally-Anne Maree Fagin v Australian Leisure and Hospitality Group Pty Limited [2017] NSWLEC 59, handed down recently, the Applicant sought to shut down the playing of live music at a nearby Hotel on the grounds that the...
Rectification Orders under Section 48MA of the Home Building Act 1989
Builders and developers responding to claims brought against them in the NSW Civil and Administrative Tribunal (NCAT) for alleged defective building work need to ensure that, if they are ultimately found liable or they otherwise admit liability, they be given the...
Limited Role for Statutory Declarations Submitted with Payment Claims under the SOP Act
Construction contracts typically require contractors and subcontractors to submit, as part of any payment claim, a statutory declaration certifying that all money due and payable to its subcontractors and suppliers in relation to the works have been paid. This...
Uncertainty in Development Consents – A Matter of Construction
Development consents are required to be framed in clear terms, for the obvious purpose of ensuring that the beneficiary of a consent, successors in title to the land enjoying the benefit of the consent, and the public at large are aware of what has precisely been...
Public Interest Litigation and the NSW Land and Environment Court’s Approach to Costs
The general rule in class 4 proceedings in the Land and Environment Court is that costs follow the event or, more colloquially, the losing party pays the winning party’s costs of the proceedings. In limited circumstances the Court has power to order otherwise. One of...
Monetary Damages Claims in the NSW Land and Environment Court
The NSW Land and Environment Court is a specialist environmental court of superior record, established on 1 September 1980 by the Land and Environment Court Act 1979 (NSW) ("the Court Act"). The Court’s jurisdiction traverses the gamut of civil and criminal matters...
