Latest publications
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Construction related impacts should be considered in staged development applications
Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Why is Bay Simmer important? Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must…
A condition using the term “Applicant” can impose a restriction related to the identity of the user
A condition using the term “Applicant” can impose a restriction related to the identity of the user only – and may not “run with the land”: Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Why is Dravin important? We are probably all a bit lazy about throwing around phrases like “in rem” and…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Employment law myth No. 1: “It’s illegal to give a bad reference”
Many people believe that giving a “bad” reference is somehow against the law.In fact, there is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad. Where the law might intervene (for example in an action in defamation) would possibly be if…
Employment law myth No. 2: “You need to give someone three warnings before you can dismiss them”
“Three strikes and you’re out” may have some application to the laws of baseball, but does not generally apply in the field of employment law. For employees who have a right to claim unfair dismissal*, the Fair Work Act 2009 provides that one matter the Fair Work Commission must take into account…
Employment law myth No. 3: “Oral contract? It’s not worth the paper it’s written on!”
There is no general requirement for employees to be given a written contract. That is not to say it is not strongly advisable to have one in place, not least because there will be less room to argue about the terms of the employment in the future. It is important to note…
Employment law myth No.4: “If they’ve got an ABN, they’re an independent contractor”
A frequent area of confusion in employment law is the use of independent contractors. In particular, whether someone engaged as a contractor would in reality be found to be an employee at law. The confusion is understandable – there are different tests as to when a person is an “employee” under various…
Franchisors beware: ACCC report highlights actions taken against franchisors
The ACCC has recently published its biannual “Small Business in Focus” report (“the Report”) which describes the work it has undertaken concerning small business, franchising and agriculture over the first six months of this year.[1] Part of the Report highlights the enforcement actions it has taken against franchisors for alleged…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…