LEGAL NEWS
Jun 26 2022
A warning for developers rearding
interpretation of easements
The recent decision in McWilliam v Hunter serves as a reminder for all developers to carefully consider and investigate encumbrances on land earmarked for development, write Nicholas Sharman and Daniel Weissel.The proceedings in McWilliam v Hunter [2022] NSWSC 342 concerned a right of carriageway 3.05 metres wide that burdened the defendant’s land (Lot A) and benefited the plaintiff’s land (Lot B) (Easement). The Easement provided the only existing means of vehicular access to Lot B. The Easement was created pursuant to a s88B Conveyancing Act 1919 (the act) instrument and accompanying deposited plan, registered in 1980.
The defendant sought to develop Lot A, which would involve the erection of a structure to sit above the Easement and consequently restrict the height to which the Easement could be used. Development consent conditions imposed by the local council included, among other things, that the structure allow a clearance height over the Easement of 2.8 metres.
The defendant sought to develop Lot A, which would involve the erection of a structure to sit above the Easement and consequently restrict the height to which the Easement could be used. Development consent conditions imposed by the local council included, among other things, that the structure allow a clearance height over the Easement of 2.8 metres.
Jun 20 2022
The changing 'climate' of litigation
Companies should reconsider disclosure requirements in the wake of an evolving litigious landscape, write Jason Gray, Anna-May Berry and Brittany Ryan.
Recent climate litigation cases commenced in Australia alongside regulatory developments have highlighted the increasing focus of both the public and government actors on climate disclosures and environmental claims made by companies.Companies operating in Australia should be increasingly aware of the potential risks of climate change to their businesses and how they communicate environmental and sustainability claims.Jun 28 2022
Jun 28 2022
New aim proceedings dismissed by Federal CourtAfter successfully receiving injunctive orders against former employees from using and sharing confidential supplier information with competing companies last year, e-commerce giant New Aim has hit a setback, seeing its entire case dismissed by the Federal Court.
The judge overseeing this case failed to be persuaded by New Aim's assertions that details about its Chinese suppliers could be classed as confidential information.
In a judgment released last Thursday, Justice McElwaine detailed the reasons why each of New Aim’s claims failed, and dismissed proceedings against the remaining applicants Man Hung 'Jack' Leung, Lei 'Ray' Xiao, Sun Yee International and Broers Group.
The case against a third ex-employee, 'Jenny' Li Yingxue, had already been dismissed by the court in April.
The judge overseeing this case failed to be persuaded by New Aim's assertions that details about its Chinese suppliers could be classed as confidential information.
In a judgment released last Thursday, Justice McElwaine detailed the reasons why each of New Aim’s claims failed, and dismissed proceedings against the remaining applicants Man Hung 'Jack' Leung, Lei 'Ray' Xiao, Sun Yee International and Broers Group.
The case against a third ex-employee, 'Jenny' Li Yingxue, had already been dismissed by the court in April.
May 22 2020
Wage and trading subsidies announced
The Government has today announced a $2 billion ‘JobTrainer’ scheme – wage subsidy and skills-training scheme, covering 180,000 apprentices and trainers nationally.
The wage-subsidy aspect of the scheme extends the current apprentice wage subsidy already in place for a further six months, and purports to expands the scheme to include medium-sized businesses with less than 200 employees, for the first time.
The training aspect of the scheme hopes to equip job seekers and school leavers with the skills Australia shall need after (and during) the coronavirus pandemic by offering subsidised education and training for a range of industries.If you require further assistance, or would like more information on today’s Government announcement, please do not hesitate to contact our team at NJN Lawyers.
The wage-subsidy aspect of the scheme extends the current apprentice wage subsidy already in place for a further six months, and purports to expands the scheme to include medium-sized businesses with less than 200 employees, for the first time.
The training aspect of the scheme hopes to equip job seekers and school leavers with the skills Australia shall need after (and during) the coronavirus pandemic by offering subsidised education and training for a range of industries.If you require further assistance, or would like more information on today’s Government announcement, please do not hesitate to contact our team at NJN Lawyers.
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