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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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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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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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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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Changes to Corporations and Bankruptcy Laws in Response to COVID-19

With COVID-19 affecting the economic viability of businesses across Australia, recent changes have been announced by the Federal Government to help affected businesses.  The Government has stressed the importance of implementing a temporary safety net for otherwise profitable and viable businesses that now face temporarily financial distress. Some of the key changes are outlined below.…

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New Mandatory Code for Commercial Leases During COVID-19

On 7 April 2020, the Government released the much-anticipated Mandatory Code of Conduct (the Code) to apply to certain commercial and retail leases during the COVID-19 crisis.  The Code imposes a set of good faith leasing principles for landlords and tenants.  The overarching principles are to share, in a proportionate, measured manner, the financial risk…

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