On 26 May 2020 the Minister for Local Government, Heritage, Culture and the Arts (Minister) issued a notice to the council of the Town of Cambridge (Town) requiring it to show cause why he should not make an order suspending the council and requiring its elected members to undertake governance training in the responsibilitiesmore…
Legal Challenge to Proposed Cambridge Suspension
By Castledine Gregory • October 13th, 2020When do local governments owe a duty of care in providing planning information?
By Castledine Gregory • April 17th, 2018The Queensland Supreme Court of Appeal has overturned a finding that the Central Highlands Regional Council owed a property purchaser (Geju Pty Ltd) a duty of care, and breached this duty of care by issuing an incorrect planning and development certificate to Geju Pty Ltd’s solicitors. The essential findings of the Court’s decision canmore…
Federal Court extends good faith obligations in Native Title negotiations
By Castledine Gregory • February 5th, 2018The Full Federal Court of Appeal majority’s (2-1) decision in Charles, on behalf of Mount Jowlaenga Polygon #2 v Sheffield Resources Limited [2017] FCAFC 218 confirms that the obligation to negotiate in good faith continues to apply to voluntary negotiations that occur after an application for arbitral determination has been made. Part 2, Divisionmore…
Tort of misfeasance in public office – lessons from Nyoni v Shire of Kellerberrin
By Castledine Gregory • November 21st, 2017The Local Government Act 1995 (WA) gives a local government broad powers to do all things necessary or convenient to be done for the good government of its district and to provide services and facilities. However, local governments and officers should be careful that their actions, although well meaning, do not result in themore…
No compensation for ‘injurious affection’ for land identified as public open space in structure plan
By Castledine Gregory • May 22nd, 2017In Scutti v City of Wanneroo [2017] WASC 70, the WA Supreme Court ruled that land identified as ‘public open space’ under a structure plan is not land ‘injuriously affected’ by a planning scheme and as a result, the landowners are not entitled to compensation under that regime. Background The appellants made twomore…