Blog

November 21, 2019

There is no prohibition in the planning legislation on the existence of multiple development approvals over the one parcel of land.  However, the operation of s.66(2) of the Planning Act 2016 can sometimes cause difficulties when the conditions of an existing developme...

November 19, 2019

Recent legislative changes passed by the Federal Parliament clarify and tighten the operation of rules regulating the treatment of "non-arm's length income" received by superannuation funds, which of course includes Self Managed Superannuation Funds ("SMSF").

The taxabl...

November 19, 2019

The recent case of Orb Holdings Pty Ltd  v WCL (QLD) Albert Street Pty Ltd (Judgment Delivered on 29 October 2019) is an example of the need to understand rights of access under an easement or other arrangement.

Beatrice Lane is located in the Brisbane CBD, it is L shap...

November 19, 2019

Introduction

While planning legislation and planning schemes are important tools in assessing applications they alone will not achieve good planning outcomes without a proper appreciation of the proposal, the land the subject of the proposal and the impacts the proposal...

October 15, 2019

Leases
Many leases of retail space, office space and parts of a building merely define the Premises as "that part of the building indicated on the plan annexed". 

By defining the premises in this manner it is only defined two-dimensionally (horizontally). The plan may i...

October 15, 2019

It has been a feature of legal practice in the Planning and Environment Court that all too often parties opposing approval have prepared long lists of provisions extracted from planning schemes alleging non-compliance with scheme provisions as a basis for refusal. Whil...

October 15, 2019

The recent District Court decision of Versace Timbers Pty Ltd v Stojanovic offers a timely reminder to make sure your standard contracts are drafted to your best advantage. Most contracts for the supply of goods or services now contain a charge over the assets of the c...

October 15, 2019

Australians have embraced the Self-Managed Superannuation Fund ("SMSF") as a vehicle to create wealth and provide for their own retirement.  Current ATO statistics reveal that there are approximately 598,400 SMSF in Australia with a total membership of 1,129,542 contro...