Copyright under the GIPA Act – Amos v Central Coast Council
The decision in Amos v Central Coast Council [2018] NSWCATAD 101 provides insight into how copyright interacts with requests to access information about developments.
Read MoreCategory: Local Government
Records, Searches and Copyright – McNeill v Clarence Valley Council
In this judgment, the Civil and Administrative Tribunal of New South Wales examined a dispute over access to government information relating to a project in the local government area.
Read MoreFirst GIPA Judgment of 2025 – Jundu Pty Ltd and Mogul Stud Pty Ltd v The Hills Shire Council
The first GIPA judgment for 2025 is here and provides an examination of the competing public interest considerations for and against disclosure of government information in growth centres.
Read More5 Conditions of Consent Councils Need to Nail: Insights from the Court
In a recent judgment, the NSW Land and Environment Court clarified some important considerations that must be adhered to when drafting and defending conditions of consent. Here are five lessons every local council should consider.
Read MoreKey Lessons for DA Assessment – Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council
In the case Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95, the Land and Environment Court invalidated the council’s development consent due to errors in its assessment process.
Read MoreRisks of seeking cost orders: CBUS Property v North Sydney Council
The recent judgment of CBUS Property Pty Ltd v North Sydney Council highlights the complexities involved in seeking costs in Class 1 proceedings. This judgment provides important insights into the Court’s considerations when determining costs and the implications for local councils and applicants when bringing such motions.
Read MoreCrucial Role of Section 68 Approvals: Ballina Island Developments Pty Ltd v Ballina Shire Council
The Land and Environment Court of New South Wales recently dismissed appeals by Ballina Island Developments Pty Ltd against Ballina Shire Council, highlighting the critical need for section 68 approvals in addition to development consents.
Read MoreEstablishing legal errors and navigating “substantially the same”
The recent case of Canterbury-Bankstown Council v Realize Architecture Pty Ltd sheds light on critical legal nuances in appealing the decisions of Commissioners in the Land and Environment Court.
Read MoreLegal Risks in Council Contracts: Insights from Cessnock City Council v 123 259 932 Pty Ltd
The recent High Court judgment of Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 offers valuable lessons for councils nationwide with respect to contractual arrangements and the risks involved in development. It serves as a vital reminder of the significant consequences of contractual non-compliance.
Read MoreNSW Ombudsman Annual Report – spotlight on local councils
The annual report highlights an increase in complaints and also shines a light on investigations into some councils which provide timely reminders for all.
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