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 Applies the ‘Newbury Tests’ to Reject Unreasonable Conditions of Consent
The imposition of conditions of consent on development consents is a fairly routine and necessary part of the planning process in NSW. As a general proposition any conditions imposed by a consent authority under s80A of the Environmental Planning and Assessment Act...
Existing Use Rights Deemed to Apply to Entire Site
Existing use rights do not necessarily apply to an entire allotment of land. It will always depend upon a range of considerations, including whether the original use, when lawfully commenced or approved, applied to the entire allotment and whether, in the intervening...
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...
