Szabo & Associates News & Updates

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

What are the Consequences of Receiving a Development Control Order?

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Development Control Orders (Order) are important to Councils as a method of dealing with compliance issues. The authority for these comes from the Environmental Planning and Assessment Act 1979 (EPA). Failure to comply with an Order can have financial and legal consequences for the recipient.

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NSW’s COVID-19 Relief Measures for Commercial Tenants

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As indicated in our April Newsletter, we outline below the NSW Government’s recent response to the Australian Government’s National Cabinet Code of Conduct (Code) in respect of retail and commercial leases in the wake of COVID-19. The Code applies to small and medium-sized tenants suffering “financial stress or hardship” because of COVID-19, applicable where the tenant has an annual turnover of up to $50 million and is eligible for the national JobKeeper programme.

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What Impact Might the Emergency Measures Response to Covid-19 have on a Landlord’s Retail Lease?

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New emergency legislation, recently passed in response to the current public health crisis caused by the coronavirus COVID-19, has the potential to have a considerable impact on retail landlords and tenants.

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How can a Development Contribution Be Challenged?

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Financial contributions are part of the infrastructure development process. When infrastructure changes are identified, the State or Local Government prepares plans of the contributions expected towards the costs of the infrastructure. The amount of the contribution forms part of the conditions of approval for a development. Their purpose is to ensure that developers and businesses are paying a share towards the infrastructure needed to support, for example, for new homes. The contributions system operates under the Environmental Planning and Assessment Act 1979.

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Are You Faced with Compulsory Purchase of Your Business or Home?

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In New South Wales, several infrastructure projects are either planned or underway. Many of these will require the acquisition of properties. For example, in October 2019 the NSW State Government announced the construction of the Sydney Metro West project to commence in 2020. This new link will connect the Sydney CBD to Greater Paramatta, incorporating seven new metro stations along the way. The implications of this are that the State government will acquire some 93 businesses and 23 residential properties.

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