Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

Changing the Landscape: Criminal Court of Appeal Overturns Key Decision on Waste Offences

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Recently we discussed the case of Environment Protection Agency v Grafil Pty Ltd; Mackenzie (2018) NSWLEC 99 partly in anticipation that the landmark decision would be underscored by the NSW Criminal Court of Appeal. However, the NSW Criminal Court of Appeal has now overturned this seminal decision, reversing nearly all of the original findings of the trial judge. The NSW Environment Protection Agency (EPA) succeeded on all its grounds in EPA v Mackenzie (2019). This outcome is perhaps somewhat surprising in that it places NSW at odds with other States where, for example, small amounts of asbestos are allowable in recyclable waste. It remains to be seen if it is appealed further to the High Court to settle these controversial issues once and for all.

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Record Compensation Claim in Sydney’s Westconnex Motorway Project

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The NSW Land & Environment Court has recently (July 2019) published its decision in respect of what is probably NSW’s largest ever claim for compensation involving the acquisition of land. 

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Challenging an Inheritance and the Rule of Forfeiture

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If a murderer cannot inherit the estate of their victim, what is the position with someone who helps cover up a crime?

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133 Hits

Inheritance Row Over Simultaneous Death of Parents

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In the unfortunate event that both parents pass away at the same time and it is not known who died first, what happens next can regrettably result in family disputes. Thankfully this is not a frequent occurrence but, if and when it does happen, it can be particularly stressful. This is illustrated by the case of John and Ann Scarle recently decided in the High Court in England.

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A Revised Standard of Proof in New South Wales’ Waste Offence Laws

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Background

Last year the NSW Environmental Protection Authority (EPA) brought charges against the former mayor of Port Stephens, Robert Mackenzie, and his company Grafil Pty Ltd. The defendants operated a sand quarry, trading as Macka’s Sand and Soil Supplies, but were accused of running an illegal waste dump at their business in Salt Ash, a rural suburb of Port Stephens. The company potentially faced a $1 million fine and substantial clean-up costs if found guilty. However, they were not found guilty, and the case (Environment Protection Authority v Grafil Pty Ltd; Mackenzie [2018] NSWLEC 99) heralds a significant change to the interpretation of waste laws in NSW.

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