The Planning Act 2016 (Qld) (PA) commenced on 3 July 2017, replacing the Sustainable Planning Act 2009 (SPA) as the primary legislation regulating development in Queensland. The provisions under which development applications are to be determined (approved or refused) are substantially changed in the PA.[1] How the court interprets and…
PLANNING AND ENVIRONMENT – APPEAL – where submitter appeal against approval – where approval for a mixed use high-rise development – where development does not comply with planning scheme in force at the time the development application was properly made – where latter amendments made to planning scheme – whether…
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant seeks final decisions before a full hearing – whether respondent caused unnecessary disadvantage – whether discretion should be exercised. Full judgment on the Supreme Court Library website.
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – OTHER MATTERS – Minor Civil Dispute – circumstances where Respondents perform clutch replacement – ongoing difficulties with clutch system – claims of use of non-genuine parts and substandard work – sufficiency of evidence for those…
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT AN INDEMNITY CERTIFICATE – where the Court allowed the appeal against the decision of the primary judge and concluded there should be a retrial – where the unsuccessful respondent seeks an indemnity certificate – where the appeal turned on…
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTION OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – NECESSITY FOR FINDING TO BE CLEARLY WRONG – where the appellants commenced proceedings to recover money which they said was…
In 1995, the High Court in Bryan v Maloney [1] held that a builder in Tasmania was liable in negligence to compensate a plaintiff for economic loss she had suffered in purchasing a house, which was discovered to have defective foundations. The house had been built by the defendant for…
Earlier this year the High Court of Australia overturned a well-established construction of Queensland planning statutes, by which planning conditions imposed on a subdivision were “exhausted” when the new subdivision plan was registered. This article will examine the implications of the judgment in Pike v Tighe [2018] HCA 9 for…
This article will consider the potential impact on owners, landlords, and purchasers of the decision of the Queensland Court of Appeal in Trevorrow v Council of the City of the Gold Coast [2018] QCA 019. (coming soon)
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, s 109) – GENERALLY – TEST FOR INCONSISTENCY – where a Commonwealth Act requires the agent of a State branch of a registered political party to furnish a return with particulars of receipts of more…