Latest publications
Non-Disparagement Clauses v Free Speech
The recent high-profile decision of the Supreme Court of NSW in Network Ten Pty Limited v van Onselen [2023] NSWSC 829 provides a rare insight into the scope and practical effect of non-disparagement clauses in deeds of release for employment matters. These clauses are almost always included in such deeds, usually in…
Alert | Construction industry update: When is remedial building work exempt development? 11 July 2023
The Department of Planning and Environment has published a ‘Remedial Building Work – State Environmental Planning Policy (Exempt and Complying Development Codes) 2008’ Fact Sheet (Fact Sheet) to provide guidance as to when remedial building work is considered exempt development under the Exempt and Complying Development (Codes SEPP): https://www.planning.nsw.gov.au/sites/default/files/2023 –…
Is your Complying Development Certificate valid?
In the recent decision of Wollondilly Shire Council v Kennedy [2023] NSWLEC 53 the Land and Environment Court has held that the failure by a certifier or consent authority to include the ‘purpose’ of development in a Complying Development Certificate could render that certificate invalid. Implications A complying development certificate can only be issued…
Important Workplace Relations Changes Effective 1 July 2023
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2023. From that date: the high income threshold for unfair dismissal cases will increase to $167,500 per annum (from the present $162,000 per annum) and the compensation limit will be $83,750 (equivalent to…
Employees & the Employer Position on the Voice in Parliament
Many significant organisations, including large employers, have adopted a corporate position on the Aboriginal and Torres Strait Islander Voice Referendum (Voice). It seems the vast majority of organisations that have declared a position are in favour of the Voice, most recently the Australian Olympic Committee (AOC) Executive and AOC Athletes’ Commission, and…
Remediation Orders – What are they? And what happens if you get one?
Many landholders in NSW are unaware of their obligations in respect of land clearing. This is understandable given the number of changes to land clearing rules over the last decade and the complexity of those rules. Instead of prosecuting people for land clearing offences, the Department of Planning, Industry and Environment…
Land & Environment Court Declares Development Consent Invalid Over Failure to Impose Relevant Conditions
The Land and Environment Court has held that the failure to impose relevant conditions on a development consent could render it invalid. Background Filetron Pty Ltd (Filetron) and Innovate Partners Pty Ltd atf Banton Family Trust 2 (Innovate) were the owners of neighbouring properties in Marulan, NSW, with Filetron’s land providing Innovate…
Court of Appeal clarifies whether development standards are jurisdictional prerequisites to the grant of development consent
On 26 April 2023, the New South Wales Court of Appeal handed down its decision in El Khouri v Gemaveld Pty Ltd [2023] NSWCA 78 which has further clarified whether compliance with a development standard is a jurisdictional fact that must be satisfied in order to enliven the power of the Land and…
Closing The Gender Pay Gap
In 2021 the Workplace Gender Equality Agency (Agency) conducted a review (Review) of the Workplace Gender Equality Act 2012 (Act). The report resulting from the Review was released in March 2022 and contained several recommendations with the objective of reducing the gender pay gap. The data from 2021 and 2022 showed…
Changes To Shutdown Leave Rules For 78 Modern Awards
The Fair Work Commission (‘FWC’) is required to conduct a review of the modern award process every 4 years under section 156A of the Fair Work Act 2009 (Cth) (‘FWA’). This time around, it will be amending 78 different modern awards to include a new ‘model term’. This ‘model term’ is intended to…