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The Benefits of Mediation

What is Mediation?

Mediation is a structured negotiation process whereby a neutral independent party, the mediator, helps the parties in a dispute to achieve their own resolution to the dispute.

When should parties mediate?

Mediation is most successful when the parties have a genuine desire to settle and prepared to compromise.

The following are examples of circumstances where mediation may occur:

  • compulsory referral to mediation by order of the court
  • before commencement of litigation
  • early in the stages of litigation
  • when the Plaintiff has prepared evidence but the defendant has not
  • after all evidence has been served and a court date has been set

Benefits

One of the key benefits of mediation is confidentiality.  The Civil Procedure Act 2005 provides that admissions made in mediation or evidence of anything said in mediation is not admissible in any proceedings before a court or other body (see s 30(4)).  If the mediation is unsuccessful, the substance of the mediation cannot be used against a party later in the proceedings. [...]  READ MORE →

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Swimming Pools – Selling or Leasing a property

From April 2016 new laws were enacted relating to the sale or leasing of properties in NSW with swimming pools.

Who is affected?

The laws affect the following stakeholders, in relation to properties with pools:

  • the vendor;
  • the purchaser;
  • the tenant;
  • the landlord;
  • the real estate agent;
  • the local Council;
  • an accredited Certifier.

What are the requirements?

Properties sold with a pool must have either:

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What part of the Pasteurised Garden Organic Order and Exemption applies to Council and what requirements are expected from Council?

The Mulch Order 2016 applies to unpasteurised/raw mulch which by virtue of the nature and source of the plant material, poses minimal risk of the presence of physical and chemical contaminants and does not include plant material obtained from kerbside waste collection.  Whilst the need for pasteurisation may be dispensed with on the tree clippings obtained from Council’s tree maintenance operations and as such this mulch will only be subject to the provisions in the Mulch Order 2016 and Mulch Exemption 2016 [Click here to see our article: “How do the new Mulch Order and Exemption 2016 impact on Councils’ tree maintenance operations?” https://www.matthewsfolbigg.com.au/news/local-government/new-mulch-order-exemption-2016-impact-councils-tree-maintenance-operations/]. However, if the plant material used for mulch also contains kerbside waste collection or tree material that has a significant risk of contaminants, mulch processed from such a mixed source may pose a risk of the presence of contaminants and therefore falls outside the definition of mulch in the Mulch Order 2016. Mulch of this kind is regulated by Pasteurised Garden Organic Order 2016 (PGOO) and Pasteurised Garden Organic Exemption 2016 (PGOE). [...]  READ MORE →

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Proposed changes to planning rules for outdoor advertising and signage

The NSW Government has recently proposed a number of amendments to the State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64) and in conjunction, has also proposed the addition of a new penalty notice offence in the Environmental Planning and Assessment Regulation 2000 (Regulation). The intention of the proposed amendments is to fulfil the community’s expectation of balancing road safety whilst maintaining the public and economic benefit of advertising.

Repealing Council’s power to prohibit advertising [...]  READ MORE →

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Council Liability as Roads Authority – Case Note: Oberlechner v Hornsby Shire Council [2017] NSWSC 23

Background

In a recent decision, the Supreme Court of NSW has awarded damages of $380,640 in finding that Hornsby Shire Council’s (Council) was negligent when a resident fell into an unfenced culvert on a public road and suffered substantial injuries.

In 2011, the Plaintiff, Mr Oberlechner was walking his dogs at night on a poorly lit suburban street in the Council’s LGA when he stepped into what appeared to him to be bushes or overgrown weeds. He stepped into what was in fact actually an unfenced culvert and fell three meters into the drain below. As a result of the accident, the Plaintiff suffered various injuries including the exacerbation of a long-standing psychiatric illness which was pre-existing prior to the accident. [...]  READ MORE →

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Compulsory Acquisition – Recent Developments in relation to an “interest” in land

A recent decision of the Court of Appeal has provided further guidance on what is considered an “interest” in land for the purposes of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act).

In Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2016] NSWCA 73 the Court of Appeal dismissed an appeal by Dial A Dump Industries (Dial A Dump) from the decision of the Land and Environment Court  in Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2016] NSWLEC 39 dismissing its claim for compensation under the Act for the compulsory acquisition of the Alexandria Landfill site. [...]  READ MORE →

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Resolving Issues with Local Councils

It is not uncommon for issues to arise between local councils and the residents or businesses who make up the local government area.  We have outlined a general process of dispute resolution that can be followed if such an issue were to arise.

Dispute Resolution Steps

Step One

The first step that should be taken in trying to resolve a dispute with a Local Council is to approach Council directly.  This is because Councils are autonomous bodies with rights and powers under law.  As such, many problems are able to be resolved directly with the Local Councils. [...]  READ MORE →

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Online Development Applications

The NSW Department of Planning and Environment (the Department) has announced plans to move the lodgement of Development Applications (DAs) online, saving significant time for applicants.

The average time taken to prepare and submit a traditional DA is up to ten (10) days. The Department’s proposed online system has the potential to reduce this time to thirty (30) minutes.

Whilst some Local Councils currently allow online submissions of DAs, the Department proposes a unified system which will be a “one stop shop” for development applications and complying development certificates. In the future the system will connect any type of application to be lodged to any local council within New South Wales. [...]  READ MORE →

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Vesting of Transferable Crown land in Local Councils

A new piece of legislation concerning the management of Crown land was assented to in November 2016 which now allows the Crown to vest land in local Councils by way of a gazette. Some provisions of the Crown Land Management Act 2016 (NSW) (CLM Act) came into force on 16 November 2016. Although many of the provisions in the CLM Act have not yet come into force, one major part of the legislation that is in force is the empowerment provided to the NSW Government to vest certain Crown land to Council. [...]  READ MORE →

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How do the new Mulch Order and Exemption 2016 Impact on Councils’ tree maintenance operations?

Many local councils have long established practices to process tree clippings from its tree maintenance operations through its wood chipping machine into leaf and woodchip. As part of the pasteurisation process, the leaf and woodchip is then stockpiled in concrete bays for months and turned over and hosed on a regular basis. The finished mulch product will then be used as surface mulch to suppress weeds on councils’ gardens in parks, reserves and street scape plantings. Some councils also regularly supply this mulch to local schools and residents, sometimes free of charge. [...]  READ MORE →

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Proposed Amendments to the Environmental Planning & Assessment Act

On 9 January 2017 the NSW Government announced a number of proposed amendments to the Environmental Planning & Assessment Act 1979 (NSW) (EP&A Act). The Minister for Planning, Ben Stokes stated that the proposed amendments are aimed to “build greater confidence in the planning system by enhancing community participation, strengthening upfront strategic planning and delivering greater probity and integrity in decision-making”. To begin the process, Minister Stokes released a public consultation draft of the Environmental Planning and Assessment Amendment Bill 2017 (the draft Bill) on 9 January 2017. The draft Bill will be exhibited until 10 March 2017 for public consultation and Council can make a submission in response to it any time before that date. [...]  READ MORE →

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Amalgamated Local Councils – Stronger Communities Fund

The NSW Government created the ‘Stronger Communities Fund’ to assist amalgamated local councils begin the delivery of projects to improve community infrastructure and services.

Stronger Communities Fund Grants

Grants available are $10 Million for councils formed as a result of two Councils merging.  $15 Million is available where three or more Councils merged.

Up to $1 Million of the grant to is available to be allocated to incorporated not-for-profit Community Groups, while the rest of the money is to be spent on infrastructure and services. [...]  READ MORE →