Mosman Lawyers
ON 12 MARCH 2014, the High Court of Australia delivered State of Western Australia v Brown & Ors [2014] HCA 8. Native title rights and interests asserted by the Ngarla People of the Pilbara were not extinguished by mineral leases because the leases did not exclude any and everyone from access to the land.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/8.html
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ON 12 MARCH 2014, the NSW Parliament enacted the Real Property Amendment (Electronic Conveyancing) Act 2014 No 7.
The Act amends the Real Property Act 1900 (NSW) so as to facilitate a national scheme of electronically settling real property transactions and the electronic lodgement and registration of land transactions under the Electronic Transactions National Law (NSW).
The Act commenced on 12 March 2014.
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ON 11 MARCH 2014, the Land and Environment Court of New South Wales delivered Andrews v Mosman Council [2014] NSWLEC 1045 (11 March 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1045.html
The applicant was the owner of 61A Muston Street, Mosman. He successfully brought an appeal under s97AA of the Environmental Planning and Assessment Act 1999 against the refusal by Mosman Council of an application to modify a Development Application to delete a planter box and replace it with a privacy screen and extend the roof over the terrace.
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ON 11 MARCH 2014, the Land and Environment Court of New South Wales delivered Andrews v Mosman Council [2014] NSWLEC 1045 (11 March 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1045.html
The applicant was the owner of 61A Muston Street, Mosman. He successfully brought an appeal under s97AA of the Environmental Planning and Assessment Act 1999 against the refusal by Mosman Council of an application to modify a Development Application to delete a planter box and replace it with a privacy screen and extend the roof over the terrace.
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Maurice Blackburn Lawyers and Department of Transport and Main Roads; City North Infrastructure Pty Ltd (Third party) [2014] QICmr 6 (25 February 2014)
http://www.austlii.edu.au/au/cases/qld/QICmr/2014/6.html
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ON THIS DAY in 2014, the Federal Court of Australia delivered Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (5 February 2014).
ON 17 FEBRUARY 2014, the NSW Land and Environment Court delivered Wilson Parking Australia 1992 Pty Ltd v Council of the City of Sydney [2014] NSWLEC 12 (17 February 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/12.html
The court dismissed an appeal of a decision of Sydney City Council to refuse a development application for a temporary public car park on a vacant site at 4-6 York Street, Sydney.
ON 17 FEBRUARY 2014, the NSW Land and Environment Court delivered Wilson Parking Australia 1992 Pty Ltd v Council of the City of Sydney [2014] NSWLEC 12 (17 February 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/12.html
The court dismissed an appeal of a decision of Sydney City Council to refuse a development application for a temporary public car park on a vacant site at 4-6 York Street, Sydney.
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ON 14 FEBRUARY 2014, the Supreme Court of NSW delivered NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123 (14 February 2014).
The deceased died without a will in 2009. His mother died in 1984. His birth certificate did not record the name of his father. Enquiries indicated that a person who married his mother was likely to be his father and that person died in 1980 and had no other children with the possible exception of a son who would be the deceased’s half brother.
The court was satisfied in the absence of any other evidence that the person identified as the deceased’s father was his father and that he had had predeceased him and left no other children with the possible exception of the half brother. Accordingly, the court made a Benjamin Order (Re Benjamin; Neville v Benjamin [1902] 1 Ch 723) distributing the estate to the deceased’s possible half brother.
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