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 Scheduled Demise of Interim Occupation Certificates, Yet Again
Following a number of reprieves (firstly 1 November 2018, then 1 November 2019), interim occupation certificates will now become obsolete on 1 December 2019 by virtue of the commencement of certain amendments to Part 6 of the Environmental Planning and Assessment Act...
The Compulsory Acquisition of Land under Contract for Sale and Compensation Considerations
Where a party enters into a sale contract to purchase land and – prior to settlement – that land is compulsorily acquired by a government authority, a potential tension arises in circumstances where the market value determined by the Valuer-General is less than the...
Update on Cost Orders in Class 3 Proceedings in the NSW Land and Environment Court
When a dispossessed landowner – having had their land or an interest in land compulsorily acquired – elects to challenge the Valuer-General’s determination of compensation in the Land and Environment Court, the usual rule is that an applicant will be entitled to...
How should a Clause 4.6 request be assessed?
NSW Supreme Court Weighs in on a Determination of the Valuer-General
The usual path to challenging a determination of the Valuer-General in relation to the compulsory acquisition of land vests in Class 3 proceedings of the NSW Land and Environment Court. The nature of those proceedings involves, in effect, a re-determination by the...
Update on Stamp Duty and Land Tax Claims under the Just Terms Act
The compulsory acquisition of land often triggers tax implications for the dispossessed owner, particularly associated with land held in an investment capacity, two of the more common of which are stamp duty and land tax. In the recent decision of Canal Aviv Pty Ltd v...