In the Media
NSW Government introduces integrity reforms
The NSW Government will introduce reforms to help restore
public trust and improve public integrity, transparency, and
accountability. The reform package will include amendments to the
Independent Commission Against Corruption Act 1988. This will make
it a legislative requirement for the Government to respond to
recommendations of the Independent Commission Against Corruption
(ICAC) directed to the Government (7 February 2024). Read more
here.
New Commissioner appointed to lead Information and
Privacy Commission NSW
A new Information Commissioner has been appointed to lead
the Information and Privacy Commission NSW (IPC). Rachel McCallum
will commence a three-year term as Information Commissioner and
Chief Executive Officer of the IPC on 4 March 2024. As Information
Commissioner, Ms McCallum's statutory role will include
promoting public awareness and understanding of the Government
Information (Public Access) Act 2009 (GIPA Act) providing
information, advice, assistance, and training to agencies and the
public; dealing with complaints about agencies; investigating
agencies' systems, policies, and practices; and reporting on
compliance with the GIPA Act (23 February 2024). Read more
here.
Culturally and linguistically diverse communities to
benefit from increased media focus
More than 190 languages are spoken at home across NSW. The
NSW Government is following the recommendations from the 2023
Multicultural Media and Policy Review Report. This forms part of
the state government's commitment to greater inclusion across
government services. More communities across NSW will have access
to up-to-date government information with an increased focus on
multicultural and First Nations media outlets (26 February 2024).
Read more
here.
Productivity Commission releases report on Closing the
Gap
The NSW Government has welcomed the Productivity
Commission's review on federal and state government progress
towards improved life outcomes for Aboriginal and Torres Strait
Islander people and communities across Australia. Over the next 12
months, the NSW Government will continue delivering the Closing the
Gap Implementation Plan 2022-2024. A new Closing the Gap
Implementation Plan 2024-25 will be developed in partnership with
NSW CAPO (7 February 2024). Read more
here.
In the courts and practice
Applications open for industrial court judges
Expressions of interest have opened for the appointment of
a President and Deputy Presidents for the new Industrial Court of
New South Wales. The Industrial Relations Amendment Act 2023
delivered on the NSW Government's commitment to provide
essential workers access to a fair and independent umpire. The
Industrial Court will be a superior court of record with equivalent
status to the Supreme Court and the Land and Environment Court. It
will be the central industrial tribunal and court for hearing all
NSW Government industrial relations matters, setting remuneration
and other conditions of employment, resolving industrial disputes
and work, health and safety (WHS) matters (23 February 2024). Read
more
here.
Two new magistrates appointed to Local Court
Attorney General Michael Daley today announced the
appointment of two prosecutors as magistrates to the NSW Local
Court, Megan Heywood and Sean Hughes. Ms Heywood is a barrister
with more than 25 years experience and has dedicated her career to
the public administration of justice, spanning New South Wales and
interstate. Mr Hughes is a barrister with almost 20 years at the
Bar, mainly in criminal law both defending and prosecuting in NSW
Supreme and District Court jury trials (15 February 2024). Read
more
here.
Publications
Local Government Night-Time Economy Toolkit
The Office of the 24-Hour Economy Commissioner has
developed the Local Government Night-Time Economy Toolkit for
Councils as a resource to support councils to build their capacity
to develop and manage their night-time economies (22 February
2024). Read more
here.
Have your say - NSW council financial model review
The NSW Government has asked the Independent Pricing and
Regulatory Tribunal (IPART) to investigate and report on the
financial model for councils in NSW. IPART will review and make
recommendations on matters such as the financial and operational
performances of councils, funding, enhanced planning and reporting
systems, and more. The consultation period is open until 15 March
2024. Read more here.
Have your say - Central-West Orana Community and
Employment Benefit Program
The Energy Corporation of NSW (EnergyCo) wants your input
on the development of the Community and Employment Benefit Program
(the Program), which will deliver benefits to regional communities
hosting new energy infrastructure. The consultation period is open
until 10 March 2024. Read more
here.
Have your say - Setting maximum Opal fares until
2028
The Minister for Transport has asked the Independent
Pricing and Regulatory Tribunal (IPART) to determine appropriate
maximum fares for Opal public transport services until 30 June
2028. IPART welcomes feedback on its Issues Paper from both users
of the Opal network and those who don't use it as well as
industry organisations, contracted service providers and government
agencies. This consultation is open for contributions until 1 March
2024. Read more here.
Cases
Australian
Workers' Union v Secretary of the Department of Transport
[2024] NSWIRComm 1009
EMPLOYMENT AND INDUSTRIAL LAW – awards and enterprise
agreements – interpretation – remuneration
EMPLOYMENT AND INDUSTRIAL LAW – industrial Relations
Commission – procedure and powers –
interpretation
Industrial Relations Act
1996, ss 130, 175; Roads and Maritime Services (Salaried Staff)
Award 2019; Roads and Maritime Services (Wages Staff) Award
2019
Griffith City Council v Romeo (No 2) [2024] NSWIRComm
1011
EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations
Commission – appeals – leave to appeal –
assessment of harshness – whether utility in granting leave
to appeal – no utility – leave refused – appeal
dismissed.
Industrial Relations Act 1996 ss 89, 187, 188, 190A, 191; Road
Transport Act 2013 ss 4, 5, 54; Work, Health and Safety Act 2011 ss
19, 32.
Coen-Graham v Commissioner of Police, NSW Police Force
[2024] NSWCATAD 52
ADMINISTRATIVE LAW – licensing – firearms –
revocation of licence – mental health – living or
domestic circumstances – fit and proper person – public
interest.
Civil and Administrative Tribunal Act 2013; Administrative
Decisions Review Act 1997; Firearms Act 1996.
Council of
the New South Wales Bar Association v de Robillard
[2024] NSWCA 38
COURTS AND JUDICIAL SYSTEM – judges – recusal
– apprehension of bias – whether issue in proceedings
pre-determined by reason of costs order made by Registrar
Legal Profession Uniform
Law 2014 (NSW), ss 22, 23, 264
Clarke
(Naicker) v Health Care Complaints Commission
[2024] NSWSC 153
JUDICIAL REVIEW – summons seeking judicial review
against background of extensive litigation – vexatious
litigant appealing NCAT decision – where similar matters have
been heard by Court of Appeal and decision is reserved at date of
hearing – question of whether issues raised substantially
replicate issues before appellate court – whether appeal is
an abuse of process
Health Practitioner
Regulation National Law; Industrial Relations Act 1996
(NSW); Mental Health
Act 2007 (NSW); National Law and the Health Care Complaints Act
1993 (NSW); Uniform
Civil Procedure Rules 2005 (NSW)
CLT v Secretary, Department of Education [2024] NSWCATAD
50
ADMINISTRATIVE REVIEW – Government Information (Public
Access) Act 2009 (NSW) – whether information is held by the
agency.
|Administrative Decisions Review Act 1997 (NSW), ss 55, 63;
Government Information (Public Access) Act 2009 (NSW), ss 3, 5, 9,
53, 58, 80, 100, 101, 105, Schedule 4; Government Sector Employment
Act 2013 (NSW), ss 3, 23, Schedule 1
Ferella as
Executor of the Estate of the late Gustavo Ferella v Chief
Commissioner of State Revenue [2024] NSWSC
166
TAXES AND DUTIES – land tax – liability
– exemptions – exemption for land used for primary
production – appeal under s 83(1) of the Civil and
Administrative Tribunal Act 2013 (NSW) – whether dominant use
of land for maintenance of animals for purpose of selling them or
their natural increase or bodily produce – when no other use
of property put to Tribunal – relevance of subjective
intention of taxpayer – no evidence of subjective
intention
Administrative Decisions
Review Act 1997 (NSW), ss 58, 63; Civil and Administrative
Tribunal Act 2013 (NSW), ss 80, 82, 83, 84; Land Tax Management Act 1956
(NSW), ss 7, 10AA; Taxation Administration Act
1996 (NSW), ss 96, 100; Uniform Civil Procedure Rules
2005 (NSW), r 50.12
Hassarati
v City of Canada Bay Council [2024] NSWLEC
1068
DEVELOPMENT APPEAL – residential development –
masonry retaining wall and dividing fence – foreshore
area– compatibility with surrounding area –
orders
Environmental Planning and
Assessment Act 1979, s 4.15, 8.7; Land and Environment Court
Act 1979, ss 34, 34AA; State Environmental Planning
Policy (Biodiversity and Conservation) 2021, s 6.28 and
sch 6;
Canada Bay Local Environmental Plan 2013
Hunt
Leather Pty Ltd v Transport for NSW (No 4)
[2024] NSWSC 140
CIVIL PROCEDURE – Representative proceedings –
where plaintiffs entered into a litigation funding agreement
– whether plaintiffs may claim as a head of damages the
litigation funder's commission.
Civil Procedure Act
2005 (NSW), ss 3, 19; Federal Court of Australia
Act 1976 (Cth), pt
IVA; Civil Liability Act
2002 (NSW), ss 5D, 5E, pt 1A
Kolokotronis v
Waverley Council [2024] NSWLEC
1069
APPEAL – development application – grant of
consent subject to conditions concerning a tree –
conciliation conference – agreement reached – orders
made
Environmental Planning and
Assessment Act 1979, ss 4.15, 4.16, 8.7; Land and Environment Court
Act 1979, ss 34, 34AA
Kudrynski
v Orange City Council [2024] NSWCA
33
APPEALS – s 57(1) Land and Environment Court Act
1979 (NSW) – requirement for appeal to be from an order or
decision on a question of law – deficiencies in the notice of
appeal – whether any of the 24 grounds met this requirement
COMPULSORY ACQUISITION – Compensation – vacant land
acquired by local council for public purpose of stormwater
harvesting project – highest and best use of land for rural
residential development – appellants sought $160 million
compensation below and on appeal
Criminal Appeal Act 1912
(NSW) Pt
3; Land Acquisition
(Just Terms Compensation) Act 1991 (NSW) ss 56(1)(a), 66; Land and Environment Court
Act 1979 (NSW) ss 56A, 57; Local Court Act 2007
(NSW) ss 39, 40; Orange
Development Control Plan 2004; Orange Local Environmental Plan
2011; Uniform Civil
Procedure Rules 2005 (NSW); Water Management Act 2000
(NSW) s 52
Lechowicz
v Commissioner of Fair Trading [2024]
NSWCATOD 20
ADMINISTRATIVE LAW – Home Building Act –
administrative review of decision to refuse application for owner
builder permit – special circumstances –
occupancy
Administrative Disputes Review Act 1997; Civil and Administrative
Tribunal Act 2013; Home Building Act 1989;
Standard Instrument (Local Environmental Plans) Orders 2006
Malouf v
City of Parramatta Council [2-24] NSWLEC
1072
DEVELOPMENT APPLICATION – subdivision – dual
occupancies – dwelling house – new road –
agreement between the parties – orders
Environmental Planning and
Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.14, 8.15; Land and Environment Court
Act 1979, s 34; Rural Fires Act 1997, s
100B
Peponis-Brisimis
v Woollahra Municipal Council [2024] NSWLEC
1075
DEVELOPMENT APPLICATION – alterations and additions
to an existing dwelling – breach in height development
standard – written request for variation in development
standard – conciliation conference – agreement between
the parties – orders
Environmental Planning and
Assessment Act 1979, ss 4.15, 4.16, 8.7; Land and Environment Court
Act 1979, ss 34, 34AA; Environmental Planning and
Assessment Regulation 2021, ss 23, 27, 38; State Environmental Planning
Policy (Biodiversity and Conservation) 2021, Pt 6.2, Div 2, ss 6.6, 6.7; State Environmental Planning
Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning
Policy (Resilience and Hazards) 2021, s 4.6; Woollahra Local Environmental
Plan 2014, cll 2.3, 4.3, 4.6
Rd
Beechworth Pty Ltd v Ku-ring-gai Council
[2024] NSWLEC 1074
DEVELOPMENT APPLICATION – concept development
application – demolition – subdivision – certain
construction works – certain tree removal –
conciliation conference – agreement between the parties
– orders
Environmental Planning and
Assessment Act 1979, ss 4.15, 4.16, 4.22, 8.7, Div 4.4; Land and Environment Court
Act 1979, s 34;
Environmental Planning and Assessment Regulations 2021, s 38; Ku-ring-gai Local
Environmental Plan 2015, cll 2.3, 2.7, 5.10, 6.3, 6.5; State Environmental Planning
Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6, Pt 2.3; State Environmental Planning
Policy (Resilience and Hazards) 2021, s 4.6
Tanti v
Randwick City Council [2024] NSWLEC
1073
DEVELOPMENT APPLICATION – attached dual occupancy
– amended plans – streetscape – primary frontage
– amenity
Environmental Planning and
Assessment Act 1979, ss 4.15, 8.7; Land and Environment Court
Act 1979, s 34AA; Randwick Local Environmental
Plan 2012, cll 2.3, 4.1C, 4.6
Vaccaro
Developments Pty Limited v Fairfield City Council
[2024] NSWLEC 1076
APPEAL – development control order – stop use
order – conciliation conference – agreement to modify
order
Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch
5, Pt 1; Land and Environment Court
Act 1979, s 34
Winifred West Schools
Ltd v Wingecarribee Shire Council (No 2) [2024] NSWLEC 1066
APPEAL – development application – consent sought
for construction of student accommodation buildings, a
multi-purpose hall and associated works at Frensham School –
deemed refusal – amended application renotified –
objectors' submissions – commencement at Frensham School
with objector submissions, inspection of site of proposal and
observation of areas to south including upper Holt – whether
site is core koala habitat – change to conservation status of
koala – Biodiversity Development Assessment Report (BDAR)
– Flood Emergency Response Plan (FERP) – impacts on
platypus – water quality assessment is not required to be met
– nature of vegetation on site – establishment of Asset
Protection Zones – managing bush fire risk – bush fire
evacuation plan – whether the proposal is appropriate given
biodiversity and other values – agreed conditions imposed
Biodiversity Conservation Act 2016, s 2.11; Environmental Planning and Assessment Act 1979
Legislation
Bills
Electoral Funding Amendment (Local Government Electoral Expenditure
Caps) Bill 2024 8 February 2024
Environmental Legislation Amendment (Hazardous Chemicals) Bill
2024 8 February 2024
Residential Tenancies Amendment (Prohibiting No Grounds Evictions)
Bill 2024 8 February 2024
Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing)
Bill 2024 8 February 2024
Combat Sports Amendment Bill 2024 7 February 2024
Independent Commission Against Corruption Amendment Bill 2024 7
February 2024
Local Government Amendment (De-amalgamations) Bill 2024 6
February 2024
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.