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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Court Rejection of ‘Amber Light’ Approach is Not Grounds for Appeal
In the decision of Luxe Manly Pty Limited v Northern Beaches Council [2016] NSWLEC 156, the Land and Environment Court dismissed an appeal made under s56A of the Land and Environment Act 1979 (NSW) ("Court Act"), in which the Applicant contended, amongst other things,...
The Rough and Ready System of Justice under the SOP Act Still Requires Adjudicators to Perform the Minimum Statutory Tasks
An adjudicator appointed under the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") is required to determine, as a minimum, whether the construction work identified in the payment claim has been carried out, and the...
Land Owner Denied Compensation for the Construction of a Tunnel under his Property
As a general proposition, an owner of land owns the ground below their property, subject to various reservations imposed by the Crown. The nature of that ownership, however, will not always result in compensation payable to the land owner should a public authority...
Key Sites, Land Consolidation and the Role of Clause 4.6 (Exceptions to Development Standards)
The policy initiative underlying the conservation incentive provisions set out in clause 5.10 of the Standard Instrument - Principal LEP (2006), adopted in all Local Environmental Plans, is relatively straightforward. It is intended to facilitate the conservation and...
Adjudicator Entitled to Fees Despite No Jurisdiction – Court Unimpressed with Challenge
Adjudication applications under Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") are typically fast and furious affairs, with the results eagerly awaited by both parties. In the usual way, the authorised nominating authority will...
Offers of Compromise in Class 3 Proceedings in the NSW Land and Environment Court – The NSW Court of Appeal clarifies the Issue
One of the more intrusive powers available to all levels of government in Australia is the power to compulsorily acquire land or an interest in land, typically required for a designated public purpose. Where disputes arise over the compensation offered by the...
