Greater Focus on Good Design

The role of good design in development in NSW was considered in a decision of the Land and Environment Court earlier this year. In Zammit v Inner West Council [2019] NSWLEC 1074 Commissioner Horton discussed how Better Placed, an ...

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Broker liability, penalties for false statements, dumping duties and an application to the High Court on TCOs

LIABILITY FOR FALSE STATEMENTS TO CUSTOMS – FINES PLUS FORFEITURE OF THE GOODS Three individuals who made deliberately false statements in an attempt to evade duty each received fines equal to double the amount of the underpa...

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Court Rules on Minimum Apartment Size Standards for NSW Developments

On 9 April 2015, the Land and Environment Court handed down its decision in Botany Bay City Council v Botany Development Pty Ltd (No 2) ruling that when Council standards conflict with State standards in relation to apartment size...

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Building Inspectors Role Judicially Clarified

Recently, the Victorian Civil and Administrative Tribunal ("VCAT") had cause to clarify the role and responsibilities of a building inspector in O'Hehir v Building Practitioners Board (Review and Regulation) [2015] VCAT 113. ...

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Victorian Cases Clarify limitations on Joinder of Insurers, Strike-out Applications and Awards of indemnity costs

Three recent Victorian decisions serve as an important reminder of possible impacts on insurers: Akron Roads Pty Ltd (in liq) v Crewe Sharp & Ors1 – the Supreme Court determined that a person who is not a party to an i...

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Construction Professionals Liable for Soil Movement Risk

The December 2014 decision builds on the potential exposure facing construction professionals operating in the domestic building sector arising out of slab heave caused by volatile soil movements, as featured in the article, " Vic...

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