Adjudication claims and responses – getting them right!
Adjudications under BCIPA (Building and Construction Industry Payments Act) are meant to be quick and dirty interim decisions about money claims. Whilst adjudications do not fix all of the issues regarding payment in the building industry, the ability under BCIPA to obtain a relatively quick decision about a money claim is generally regarded as being […]
ReadmoreRating of land – what happens when there is no applicable rating category
In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]
ReadmoreCourt dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling
In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]
ReadmoreSupreme Court declares landowner is required to pay outstanding infrastructure charges
In brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]
ReadmoreDemolition of pre-1947 residential building refused
In brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]
ReadmoreJail time for subcontractor convicted of providing false information
In brief –The Magistrates Court has sentenced a man to two months’ imprisonment after being convicted of four offences under the Environmental Protection Act 1994, in a decision that demonstrates that courts will not shy away from prison time when dealing with the provision of false and misleading information. Key take outs It is […]
ReadmoreCourt declares development application for telecommunications tower unlawful
In brief – The Planning and Environment Court made declarations that the assessment of a telecommunication facility was code and not impact assessable under the local government’s planning scheme, and consequently the decision of the local government to assess the application on the basis it was impact assessable was void and of no effect. This […]
ReadmoreVictorian Government demonstrates commitment to renewable energy with ambitious targets
The Andrews Government has demonstrated its commitment to the renewable energy industry and combating climate change by introducing a bill to the Victorian parliament last Thursday which will legislate ambitious new renewable energy targets. Partner Meg Lee and Senior Associate Kate Kirby report. What is the target? The new Victorian renewable energy targets (VRETs) […]
ReadmoreSetting the standard for PFAS management in Australia – PFAS NEPM consultation paper released
Australia and New Zealand have moved one step closer to establishing a framework to manage PFAS, a manufactured chemical which has emerged as a contaminant of concern worldwide over the recent years and this year has been the basis for two class actions in Australia. PFAS, short for per-and poly-fluoroalkyl substances, has become an issue […]
ReadmoreNo compensation for the developer after Court refuses application to convert non-trunk infrastructure to trunk infrastructure – Insights for developers and infrastructure providers
In brief –The Planning and Environment Court has for the first time decided an application by a developer to convert non-trunk infrastructure to trunk infrastructure. In a decision that has significant financial implications for developers and infrastructure providers, the Court refused the application and provided guidance on the determination of future conversion applications. Implications […]
ReadmoreGadens proud to be part of the Sunshine Coast Council solar farm project
Gadens is proud to have acted for the Sunshine Coast Council from the very beginning with the ground breaking Sunshine Coast Solar Farm. The second largest solar farm of its kind in Queensland, it has set a new precedent for renewable energy generation, particular for local government. The Gadens construction, infrastructure and procurement team, led […]
ReadmoreCouncil was ordered to pay the applicant’s costs insofar as it related to a hearing to determine whether conditions ought to be included in a development approval for a residential development in Morayfield
The Planning and Environment Court in the matter of Wust v Moreton Bay Regional Council (No. 2) [2017] QPEC 36 made an order requiring the Moreton Bay Regional Council to pay Brian Wust’s costs of the appeal to the extent that the costs related to the disputed conditions. Otherwise, each party was to bear their […]
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