In our 22 April edition, we provided an outline of the NSW Land and Environment Court's (LEC) decision in Leichhardt Council v Geitonia Pty Ltd (No. 6) [2015] NSWLEC 51 where the LEC found the developer, a company director of the developer and the project manager to be liable for a breach of section 125(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act). The offence related to the demolition of a building facade without development consent.
The LEC has now sentenced the three defendants, see: Leichhardt Council v Geitonia Pty Ltd (No 7) [2015] NSWLEC 79 (14 May 2015)
In sentencing, the LEC found that, among other things, the offence caused substantial environmental harm because it caused the loss of a facade which had heritage significance. In addition, the offence caused substantial harm by undermining the integrity of the "regulatory system of development control" and the objectives of the EP&A Act. A further aggravating factor was the financial gain in the sense of saving costs to the defendants in demolishing the facade rather than retaining it.
Gertos, the company director and the "alter ego of Geitonia and the guiding mind behind the offences" was fined $150,000, Geitonia (the company) was fined $50,000 and the GRC (the project manager) was fined $50,000. Having regard to the fact that Geitonia was a "one man company", the total penalty of $200,000 imposed on Mr Gertos and Geitonia was considered to be appropriate. The prosecutor's significant costs were also apportioned between the defendants.
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In the media
Rules to govern NSW and Vic lawyers locked
in
The final version of the Legal Profession Uniform Rules has been
released by the Legal Services Council. The new regulatory
framework, which covers solicitors and barristers across NSW and
Victoria, will take effect on 1 July (28 May 2015).
NSW on track for common legal services market;
Uniform Law To Cut Red Tape And Protect Consumers;
Rules to govern lawyers in NSW and Victoria locked in
Sentences in NSW among the most severe in
Australia
A recent study by the Judicial Commission of NSW poses the
question "How do sentencing patterns in NSW compare with other
jurisdictions?" The results of the study demonstrate that NSW
is more punitive than other jurisdictions in Australia (27 May
2015)
More... See
Research Monograph 39.
NSW Criminal Courts Statistics 2014
The time taken to finalise criminal trials in the Higher Criminal
Courts has increased considerably over the last few years,
according to the annual Criminal Courts Statistics Report released
today by the NSW Bureau of Crime Statistics and Research (28 May
2015)
More...
See the report Sentencing in NSW: A cross-jurisdictional
comparison of full-time imprisonment, here
NSW Criminal Courts Statistics 2014
Decision to provide evidence in Operation Hale to the
DPP
Since the NSW Parliament passed the Independent Commission Against
Corruption Amendment (Validation) Act 2015 earlier this month, the
ICAC has been considering its incomplete investigations to
determine what, if any, action it should take with each outstanding
matter (28 May 2015).
Decision to provide evidence in Operation Hale to the DPP
Closing in on open Government
The Information Commissioner, Elizabeth Tydd has highlighted the
importance of transparency, accountability and citizen engagement
in laying the foundations for open government, stating Governments
are progressively recognising and responding to the value placed on
the right to information by codifying those rights in legislation
(27 May 2015)
More...
Margaret Cunneen inquiry: ICAC provides material to DDP to consider charges The Independent Commission Against Corruption has provided material for the NSW Director of Public Prosecutions to consider charges against one of its most senior prosecutors, Margaret Cunneen (27 May 2015) More...
Decision to provide evidence in Operation Hale to the
DPP
Since the NSW Parliament passed the ICAC Amendment
(Validation) Act 2015 earlier this month, the NSW ICAC has
been considering its incomplete investigations to determine what,
if any, action it should take with each outstanding matter (27 May
2015)
More...
Higher fines, Increased Monitoring for Mines &
Industry
The NSW Government announces the intention to increase planning
penalty notices five-fold, enabling the Department of Planning
& Environment to issue the toughest on-the-spot fines in the
nation (18 May 2015)
Higher fines, Increased Monitoring for Mines & Industry
In practice and courts
NCAT: Courts and C??rimes Legislation Amendment Act
2015
The Courts and Crimes Legislation Amendment Act 2015 was
recently passed by the NSW Parliament and received assent on 15 May
2015. The Act amended the ?following legislation relevant to the
NSW Civil and Administrative Tribunal (NCAT) outlined here (28 May
2015)
More...
ICAC: Public inquiry into corruption allegations
concerning NSW Rural Fire Service catering supply
Operation Vika public inquiry into allegations concerning corrupt
payments related to the supply of catering and other products to
the NSW Rural Fire Service (RFS) will now start Tuesday 2 June 2015
(28 May 2015)
Public inquiry into corruption allegations concerning NSW Rural
Fire Service catering supply and other matters to start 2
June
ICAC: Operation Tunic witness list
Witness list last updated Thursday 28 May 2015, c. 4:00 pm. Please
note that witness lists are subject to change (28 May 2015)
Operation Tunic witness list
ICAC: ICAC prosecution outcomes and
updates
Tables featuring information on ICAC-related prosecutions and
briefs with the DPP. Last updated Thursday 21 May 2015 (21 May
2015) on ICAC-related prosecutions and briefs with the DPP. Last
updated Thursday 21 May 2015
ICAC prosecution outcomes and updates
Public inquiry into allegations concerning former Mine
Subsidence Board manager resumes
The NSW ICAC Operation Tunic public inquiry into allegations
concerning former Mine Subsidence Board (MSB) Picton office
district manager, Darren Bullock, will recommence next Monday 25
May 2015 (22 May 2015)
More...
NSW Inquiries receiving submissions
Inquiry into Companion Animal Breeding Practices in New South
Wales, closes 15 June.
Inquiry into Local government in NSW, closes 5 July.
NSW Government responses
Sentencing of child sexual assault offenders (response received)
(Thu 14).
The Promotion of False or Misleading Health-Related Information or
Practices (response received) (Wed 27).
NSW Supreme Court: Practice Note - Citation of
Authority
Chief Justice Tom Bathurst has issued
Practice Note No. SC Gen 20 - Citation of Authority (15 May
2015). The practice note applies to the citation of authorities in
proceedings in the Supreme Court, Court of Appeal and Court of
Criminal Appeal, "subject to Practice Note SC CA 1 Court
of Appeal and SC CCA 1 Court of Criminal Appeal -
General".
Supreme Court's media release (15 May 2015)
NSW Supreme Court Practice Note - Real Property
List
The Supreme Court has released e
Supreme Court Practice Note SC EQ 12 - Real Property List (20
May 2015). The Supreme Court has also announced that the Chief
Justice has appointed Justice Rowan Darke to be the List Judge of
the Real Property List. The practice note will commence on 1 June
2015.
Supreme Court's media release (20 May 2015)
Published – articles, papers, reports
Judicial Commission of New South Wales Civil Trials
Bench Book: Update 27
Update released on 21 May 2015
More...
E-cigarettes: regulatory and policy
options
NSW Parliamentary Research Service, May 2015, e-brief 4/2015
Electronic cigarettes (e-cigarettes or ENDS) are designed to
deliver nicotine and/or other chemicals to the user via an aerosol
vapour through devices designed to simulate the act of smoking
tobacco cigarettes. They are currently the subject of legislative
amendment and public debate.
E-cigarettes: regulatory and policy options
Advice on legislation or legal policy issues contained
in this paper is provided for use in parliamentary
debate
NSW Parliament Briefing Paper 4/2015, May 2015
The main purpose of this Briefing Book is to provide Members of
Parliament, new Members in particular, with a brief but
authoritative account of key issues in NSW politics, providing
relevant context and legislative history
Research Paper - Key Issues for the 56th Parliament
The 2015 NSW prison population forecast
NSW Bureau of Crime Statistics and Research: 18 May 2015
Neil Donnelly, Imogen Halstead, Simon Corben, Don
Weatherburn
The aim of this brief is to provide short and long term forecasts
of growth in the NSW prison population.
More...
New South Wales custody statistics: quarterly update
March 2015
NSW Bureau of Crime Statistics and Research: 18 May 2015
This report presents 24 months of reception, discharge and custody
population data and comparisons between the current and previous
quarter for age, gender, indigenous status, most serious offence
and the average length of stay.
More...
CASES
Leichhardt Council v Geitonia Pty Ltd (No 6) [2015]
NSWLEC 51
DEVELOPMENT CONSENT – prosecution of developer/landowner
company, its owner/controller, and its project manager for
demolishing the façade of a building without development
consent where development consent was required under a local
environmental plan and contrary to the terms of a development
consent that had been issued–whether on the proper
construction of the consent the demolition was permitted – if
so, whether the conduct of the demolisher should be attributed to
the defendants – if so, whether there is a defence of
necessity based on the condition of the façade.
More...
Office of Local Government v Petty [2015] NSWCATOD
46
Local Government Councillor – discipline - pecuniary
interest in matter- disclosed interest but participated in debate
and voted
More...
Kitson v Manly Council [2015] NSWCATAD
102
ADMINISTRATIVE REVIEW – access to information-whether
resources reasonably available to facilitate the retrieval of
information stored electronically were used- whether the agency
holds the information-whether creation of new information or a new
record or an update of a record was required; Government
Information (Public Access) Act 2009
More...
Raven v The University of Sydney [2015] NSWCATAD
104
ADMINISTRATIVE REVIEW - government information - public access
– public interest considerations in favour of disclosure
– enhance government accountability – contribute to
positive and informed debate – substantiate that an agency
has engaged in negligent conduct - prescribed public interest
considerations against disclosure - prejudice the supply of
confidential information - prejudice the effective exercise of an
agency's functions - disclose information provided in
confidence - undermine competitive neutrality in connection with an
agency's functions - prejudice the conduct, effectiveness or
integrity of any research by revealing its purpose, conduct or
results GOVERNMENT INFORMATION – application by agency for
Tribunal to hear and receive argument in absence of the public and
the applicant - confidentiality orders – satisfaction that it
is desirable to make orders by reason of confidential nature of
evidence
More...
Legislation
NSW
Regulations and other miscellaneous instruments
Legal Profession Uniform Admission Rules 2015 (2015-240) — published LW 27 May 2015 The object of these Rules is to provide for aspects of admission to the legal profession in participating jurisdictions including specifying the academic qualifications prerequisite and practical legal training prerequisite for admission; accrediting and reaccrediting law courses and providers of practical legal training and procedural requirements for admission to the legal profession.
Legal Profession Uniform Conduct (Barristers) Rules 2015 (2015-243) — published LW 27 May 2015 The object of these Rules is to ensure that barristers: (a) act in accordance with the general principles of professional conduct; (b) act independently; (c) recognise and discharge their obligations in relation to the administration of justice; and (d) provide services of the highest standard unaffected by personal interest.
Legal Profession Uniform Continuing Professional Development
(Barristers) Rules 2015 (2015-241) — published LW 27 May
2015
The objective of these Rules is to set out provisions contemplated
by the Uniform Law relating to continuing professional development
for barristers.
Legal Profession Uniform Continuing Professional Development
(Solicitors) Rules 2015 (2015-242) — published LW 27 May
2015
The objective of these Rules is to provide the minimum
requirements for continuing professional development for
solicitors
Legal Profession Uniform General Rules 2015 (2015-246) —
published LW 27 May 2015
The objective of these Rules is to set out provisions contemplated
by the Uniform Law (other than provisions that are or may be
included in the Admission Rules, the Legal Practice Rules, the
Legal Profession Conduct Rules or the Continuing Professional
Development Rules).
Legal Profession Uniform Law Australian Solicitors' Conduct
Rules 2015 (2015-244) — published LW 27 May 2015
The objective of these Rules is to assist solicitors to act
ethically and in accordance with the principles of professional
conduct established by the common law and these Rules.
Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (2015-245) — published LW 27 May 2015 The object of these Rules is to regulate aspects of legal practice by solicitors.
Crimes (Administration of Sentences) Amendment (Access to Money)
Regulation 2015 (2015-216) — published LW 22 May
2015
The object of this Regulation is to allow money to be paid into an
extreme high risk restricted inmate's account if that payment
is authorised by the Commissioner of Corrective Services.
(Currently, extreme high risk restricted inmates are not allowed to
receive any money directly or into their accounts (other than money
paid to inmates by the Commissioner), and any such money is
required to be returned to the sender or confiscated.)
Evidence (Audio and Audio Visual Links) Regulation 2015
(2015-218) — published LW 22 May 2015
Specifically, the Regulation: exempts an accused detainee from the
requirement in s. 5BA (1) of the governing Act to appear physically
before a New South Wales court in certain proceedings relating to
bail
Photo Card Amendment (Fees and Penalty Notice Offences) Regulation 2015 (2015-222) — published LW 22 May 2015 The objects of this Regulation are: (a) to increase the fees for Photo Cards, and (b) to increase the penalties for offences dealt with by way of a penalty notice issued under the Photo Card Act 2005.
Public Authorities (Financial Arrangements) Amendment (Lifetime
Care and Support Authority) Regulation 2015 (2015-223) —
published LW 22 May 2015
The object of this Regulation is to amend the Public Authorities
(Financial Arrangements) Regulation 2013 to extend the investment
powers of the Lifetime Care and Support Authority so that it can
make, in respect of funds for which an approved funds manager is
engaged, investments of any kind.
Public Health (Tobacco) Amendment (Advertising) Regulation 2015
(2015-224) — published LW 22 May 2015
The object of this Regulation is to make an amendment in relation
to tobacco advertising that is consequential on the repeal of
section 16(3)(c) of the Public Health (Tobacco) Act 2008 on 1 June
2015.
Bills introduced Government
Legal Profession Uniform Law Application Legislation Amendment Bill
2015
Statute Law (Miscellaneous Provisions) Bill 2015
Bills revised following amendment in
Committee
Public Health (Tobacco) Amendment (E-cigarettes) Bill 2015
Proclamations commencing Acts
Public Health (Tobacco) Act 2008 No 94 (2015-214) —
published LW 22 May 2015
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.