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RCC Local Heritage List | Proposed Major Amendment 2020

Proposed major amendment to Redland City Plan (03/19 Heritage Major Amendment) This article was originally featured here on the Redland City Council website. If you would like additional information or to arrange an appointment to discuss your property contact Ian Neil on 07 3370 5100 or email iann@mdl.com.au. Ian is a Director at MDL Lawyers […]

Two recent cases of Due Diligence

Two recent cases in which our firm has been involved highlight the need for Purchasers of commercial property to be alert to the range of searches available and prudent to obtain. In both cases, the clients purchased the freehold title to new motel developments, only to find, some years later, that there were substantial unpaid […]

Virtual AGM’s & Electronic execution and witnessing of documents during Covid 19

The government has passed the Justice Legislation (Covid-19 Emergency Response – Documents and Oaths) Regulation 2020 which allows documents to be temporarily witnessed by a Special Witness (being an Australian Legal Practitioner) to witness documents such as Affidavits, Declarations and Deeds etc by Audio Visual link. The Regulation is set to end on 31 December […]

Avoiding Complications with Party Identity and Planning Appeals

We often see Court proceedings being conducted in the name of the development consultant, either as the Appellant or Co-Respondent, instead of the client. In our opinion, this isn’t a good situation for either the development consultant or the client because of the adverse consequences that might follow. Situations in which the consultant is named […]

Planning and Environment | Industry Update

As you are most likely aware, McCarthy Durie Lawyers practises not only in the Planning and Environment Court jurisdiction but also has a great deal of experience in the Land Court jurisdiction. One of the continuing areas of argument in resumption cases is in relation to the requirement for the resuming authority (usually the Local […]

Following the Right Process in 2020 | An important read for all business owners Part 2

PART 2 An article written by Ben Schefe In late 2019, the Fair Work Commission heard an Unfair Dismissal Application where a mine employee was terminated from her employment for two incidents of misconduct. The first incident occurred out of work when the employee placed butterknives and other inappropriate items in a colleague’s bag prior […]

The Two Prominent Planning Law Issues that Emerged out of 2019

An article written by Ian Neil MDL/WSL has a vastly experienced team focused on Planning and Environment Court and Land Court issues, led by Ian Neil, Director. Two prominent planning law issues emerged in 2019 and will attract much attention for the foreseeable future. The first is the escalating importance of consideration of Bushfire Management […]

Council’s attempt to ban Apartments in Brisbane’s Suburbs

As reported in the industry publication Urban Developer (see the link: TheUrbanDeveloper.com no-reply@theurbandeveloper.com ) Friday 22 November, BCC has decided to seek a Temporary Local Planning Instrument restricting town-house and multi unit developments in precincts that are predominantly Urban Residential ie detached residential. The TLPI has been anticipated for a while now and is in addition to […]