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When do local governments owe a duty of care in providing planning information?

By Castledine Gregory • April 17th, 2018

The 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, 2018

The 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…

Scaffidi decision clarifies gift disclosure requirements

By Castledine Gregory • December 19th, 2017

The Supreme Court decision in Scaffidi v Chief Executive Officer, Department of Local Government and Communities [2017] WASCA 222 provides clarification on what constitutes gifts and travel contributions required to be disclosed under the Local Government Act 1995 (WA).   Part 5 of the Local Government Act 1995 (WA) provides that a council member mustmore…

Tort of misfeasance in public office – lessons from Nyoni v Shire of Kellerberrin

By Castledine Gregory • November 21st, 2017

  The 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…

Full Federal Court to decide extent of good faith negotiation obligation

By Castledine Gregory • November 15th, 2017

On 8 December 2017, the Full Federal Court will hear an appeal by the Mount Jowlaenga Polygon #2 claim group from the decision of Barker J of the Federal Court in Charles on behalf of the Mount Jowlaenga Polygon #2 v Sheffield Resources Limited [2017] FCA 1126.   In that decision, Barker J rejected themore…