Posts by stokeslawyers
Challenging conditions of approval … what are my options?
You have received your development approval from Council, but you are not happy with some of the conditions Council has imposed. There are options available to challenge those conditions. The conditions of a development approval form an integral part of the development approval, together with the approved plans and documents. Applicant’s should ensure that…
Read MoreCasual Employees – A Permanent Solution?
In June last year we reported on the decision of the Full Court of the Federal Court in WorkPac Pty Ltd v. Rossato. The Full Court Decision In that case the Full Court found that Mr Rossato was a permanent employee in circumstances where: The contract described him as a casual; He had worked for…
Read MoreTrunk vs. Non-Trunk Infrastructure and Conversion Applications
The Planning Act 2016 (Planning Act) gives applicants the ability to apply to Council to convert non-trunk infrastructure required by a condition of approval to trunk infrastructure. What this means is that you may be entitled to either an offset or refund for providing trunk infrastructure, as required by the conditions of approval of your…
Read MoreEnvironmental offsets: an overview of process
Many local governments, including many in Central Queensland, do not currently impose conditions in their development approvals in relation to environmental offsets. Part of the reason for this is that environmental offsets are not widely understood by local governments, despite the fact that Councils can impose conditions for environmental offsets due to their Biodiversity overlay…
Read MoreIt’s not the end of the road if your development approval has lapsed
It’s that heart wrenching moment and panic that we all want to avoid as either developers or consultants when you realise your development approval has lapsed. That panic really sets in when it occurs to you that you never lodged an extension application (usually with the Council) before the development approval lapsed. As most of…
Read MoreIs your Infrastructure Charges Notice accurate? It pays to check…
Infrastructure charges are triggered when development occurs on land that creates an extra demand on the trunk infrastructure network. Infrastructure charges are regulated under both the Planning Act 2016 (Planning Act) and the Council’s Infrastructure Charges Resolution. Infrastructure charges are levied by way of an Infrastructure Charges Notice. Section 121 of the Planning Act outlines…
Read MoreI need to make changes to my development approval … what are my options?
It’s not uncommon for applicants to find themselves in the situation where they need to make changes to their development approval. There are a few ways of doing this. What is the best way comes down to the nature of the changes sought and sometimes the attitude of the Council toward those changes. There are…
Read MoreAdditional Recovery Options Under the Building Industry Fairness (Security of Payment) Act 2017
The Building Industry Fairness (Security of Payment) Act 2017 (BIFA) was introduced in 2017 to replace the Building and Construction Industry Payments Act 2004. BIFA altered some of the formal requirements relating to payment claims, payment schedules and the timing of some steps in the adjudication process. Amendments to The Building Industry Fairness (Security of…
Read MorePublic Notification During the COVID-19 Pandemic
The COVID-19 Emergency Response Act 2020 (Qld) (The Act) commenced on 23 April 2020 in response to a range of issues faced by industries and government, as a result of the COVID-19 pandemic, in particular, public notification. The COVID Emergency Act includes powers to make what extraordinary regulations for relevant matters. Section 9(n) of the…
Read MoreCasual Employees; A Permanent Problem
When is a casual employee not a casual employee? The answer seems to be when they have a “firm advance commitment” from their employer to continuing and indefinite work according to an agreed pattern of work. On 20 May 2020 the Full Court of the Federal Court, in WorkPac Pty Ltd v. Rossato, held that…
Read MoreEmployee Redundancies During the COVID-19 Crisis
Last month we considered the issue of options available for employers to decrease business expenses to combat falling turnover. These options include standing down employees, asking or directing employees to take leave either with or without pay and renegotiating wages and hours of work. As a last resort, terminating the employment of employees on the…
Read MoreContract Performance in a COVID-19 Economy
The novel Coronavirus (COVID-19) has become an economic threat in which organisations are facing great challenges and preparing to respond quickly not only nationally, but globally. The Australian Government has provided temporary regulatory relief for financially distressed businesses including the statutory demand threshold of $2,000 being raised to $20,000 under the Corporations Act 2001 –…
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