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 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...
read moreUpdate 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...
read moreHow should a Clause 4.6 request be assessed?
Clause 4.6 variation requests under Local Environmental Plans (LEP) are often relied upon where Development Applications (DA) contain a contravention of a local development standard. Specifically, a consent authority, or a Court acting in a consent authority’s...
read moreNSW 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...
read moreUpdate 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...
read moreStrata Defects Regime for high-rise residential buildings in NSW
On 15 July 2017, Project Lawyers published an article on the proposed introduction of Part 11 of the Strata Schemes Management Act 2015. Now that Part 11 has been introduced, owners corporation and developers should familiarise themselves with the requirements of the...
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