News Articles

Development Consent Conditions, the good, the bad & the… rest.

Great news! – Your development has been approved! Let’s read through these conditions, I’m sure they will be fine… Unfortunately for some, the joy of an approval can be fleeting. Conditions on a development consent (“a Consent”) can sometimes become another hurdle to overcome just when an applicant thought they were getting to the end

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Engaging Recent Property, Environmental & Planning Law Cases

Thanks for the frogs! – Council’s liability in nuisance to a downstream developer for inadequate action on upstream development & deliberately directing stormwater onto private land Gales Holdings Pty Ltd v Tweed Shire Council [2013] NSWCA 382 Gales Holdings owned a large site of undeveloped land in Kingscliff (“the Site”); the Council did not adequately

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Managing Procurement in Government Agencies

Gregory Ross Partner Government Law Seminar 19 March 2014 Deciding when to outsource When to outsource and what to outsource is, of course, an internal decision. It is partly a risk management decision. It is partly a resourcing decision. There may well be policy reasons why some types of goods and/or services are not outsourced.

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My development consent is about to expire! What can I do?

“A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain… It adds value to the land. Hence the prospect of a consent lapsing is apt to engender dismay in the holder of the consent.” CJ Preston in para 1 Kinder

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Council hasn’t approved my DA – What should I do

This is probably the most common question asked of planning lawyers and an experience most people would prefer to avoid. The refusal, or “failure”, to give a consent to a development application (“DA”) by consent authorities (usually local councils) can have a very personal impact on applicants who are often not professional developers and are

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I want to go to the Land & Environment Court

I have heard clients say this before and think no-one should want to go to Court, although the Land & Environment Court (“L&E Court“) is probably a more pleasant court to be in than others. By the time applicants under a DA seek legal advice, they are usually unwilling to wait anymore or try again

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Perfect or Perish Priority-Wise – PPSA Temporary Protection Period Expires Soon

by Peter Aked, Partner, and Kerry Sidaway, Partner 26 November 2013 When the Personal Property Security Act 2009 (Cth.) (“PPSA”) came into force on 30 January 2012 pre-existing ‘securities interests’ over personal property (i.e. excluding land, fixtures and specified statutory interests) which were defined to be a ‘transitional security interest’ were deemed to be temporarily

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Post Contract Management

POST CONTRACT MANAGEMENT: WE HAVE THE CONTRACT, NOW WHAT? Gregory Ross [1] Abstract: Winning a contract, whether by direct negotiation, acceptance of a tender lodged, success in an expression of interest process followed by negotiation or otherwise is only the first step. Ensuring that the contract works operationally on the ground to achieve its intended

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Can an adviser to a company be a shadow director?

Christina Cavallaro, Associate Mark Doble, Partner 27 August 2013 Overview Is there a risk that an adviser to a company may be deemed to be a shadow director? This paper examines the circumstances in which a person may be found to be a shadow director and provides some practical tips on how advisers can avoid

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Procurement? Keeping Procurement Under Control?

Plus ca change, plus c’est la meme chose. When I was invited to write this paper, I remembered an incident to do with NSW Government procurement law which occurred soon after I was appointed Assistant Crown Solicitor for NSW in 1990. I received a phone call from an officer of the State Contracts Control Board

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Different forms of Administration in Corporate Insolvency

BY MARK DOBLE, PARTNER 7 MAY 2013 OVERVIEW In this paper I address the three most common types of administration of insolvent corporations. The three types of administrations with which I intend to deal are: Liquidation; Voluntary administration with a view to executing a deed of company arrangement; and Receiverships. I should point out that

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Nurse relieved after 5-year battle

The Daily Telegraph Eakin McCaffery Cox Lawyers Partner Jennifer Shaw and Associate Christina Cavallaro acted for a Sydney nurse who successfully defended mortgage repossession proceedings, after a fraudulent mortgage was registered against her property. Read Nurse relieved after 5-year battle

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Property mystery solved

The Daily Telegraph Eakin McCaffery Cox Lawyers Managing Partner Tim Eakin helps find missing property owner in the US. Read Property mystery solved 

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