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…
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)