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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…

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Casual 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…

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Trunk vs. Non-Trunk Infrastructure and Conversion Applications

gray concrete bridge with body of water during nighttime

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…

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Environmental offsets: an overview of process

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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…

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Is your Infrastructure Charges Notice accurate? It pays to check…

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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…

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Additional 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…

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Public 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…

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Casual Employees; A Permanent Problem

Family Business Legal Advice

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…

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Employee 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…

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Contract 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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