We are delighted to announce that ClarkeKann Lawyers Partner Chris Kintis has been named as Finalist for Mentor of the Year 2022 in the Australian Law Awards. As a firm we're all about supporting our people and it's great to have Chris' commitment to the team...
Key Takeaways This decision clarifies the circumstances surrounding the lapsing of development consents. The case highlights the importance of the wording in each unique development consent. Development consents may not lapse in the context of staged developments...
The Land and Environment Court in Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203 has upheld an appeal against a development control order claiming prohibition of use issued to a fitness gym. Key Takeaways Councils must take into consideration...
Key Takeaways An award has been proposed largely in the same terms as the Local Government (COVID-19) Splinter (Interim) Award 2021 made by the Commission which will remain in force until April 2023. Paid COVID-19 special leave, a job retention allowance and leave...
Can a builder still recover payments due under a building contract after being 141 weeks late in completing works? Key takeaways Despite the owner terminating a building contract for serious delay and breach by the builder in failing to provide supporting documents...
Key Takeaways 45 State Environmental Planning Policies ("SEPPS") have been repealed and consolidated into 11 new SEPPS. The consolidated SEPPs commenced on 1 March 2022. The repealed SEPPs no longer apply to any existing development consents, and the new consolidated...
Traditionally it has been perceived that a lack of familiarity by foreign investors with the trust based structure of Australian managed investment schemes has been a significant barrier to attracting offshore investment in Australian funds. To combat this, from 1...
Key Takeaways The scope of stamp duty is expanding, with declarations of trust and changes in beneficial ownership potentially becoming dutiable. Australian based developers that are foreign persons may be able to apply for a refund of stamp duty where residential...
A recent case decided by the High Court found that the lender of an asset-based facility acted unconscionably in making a loan available to the borrower and ordered that the loan and mortgage be set aside. Key Takeaways Lenders must carefully scrutinize the...
Key takeaways Crown directors avoid ASIC prosecution partly because they were entitled to rely on "what they were being told by senior management". Directors may properly discharge their duties and defend against claims of breach by reasonably relying on information...
The High Court recently handed down two decisions that mark a significant shift in how employment and independent contractor relationships are determined. Essentially, the High Court has held that the terms of the written contract will determine whether a person is an...
The ATO has recently confirmed the recommencement of debt recovery actions with the easing of COVID-19 restrictions, and it appears that enforcement action by the ATO will ramp up significantly in 2022. Director Penalty Notices (DPNs) act as a mechanism for debt...