Source:  AVAA The first decision under recent Anti-Phoenixing Laws has been handed down. Victorian Supreme Court Associate Justice Gardiner observed that the case had “all the classic hallmarks of a phoenix transaction” before handing down his decision. It is his opinion that assets had been transferred below market value - or best available price at the time.
 
Introduced under the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 and takin...

Source: CBP - Insights There have been two recent important New South Wales (NSW) Court decisions in respect of native title in the context of the compulsory acquisition of land. The emergence of these types of claims will need to be assessed and dealt with by the Courts in the years ahead. In anticipation of an increase of these types of claims, the Valuer-General of NSW has released a draft paper on valuing cultural heritage land (Draft Paper) under the Land Acquisition (Jus...

Source:  Ian Neil, McCarthy Durie Lawyers Although the issues concerned an Accountant's expert report in Queensland Supreme Court civil litigation1, the Court's consideration of the issues are no doubt relevant to experts' reports in the Planning & Environment Court and Land Court jurisdictions. Indeed, it is probably fair to say that many expert reports in those jurisdictions, possibly for reasons of complacency in instructions provided or the expert's frequent e...

Source:  The Chronicle Transport and Main Roads Minister Mark Bailey has reiterated that land resumptions along the Inland Rail corridors in Queensland will not take place until the Environmental Impact Statements have been completed and the government is satisfied there has been "genuine" consultation with affected communities. Responding to a Question on Notice from Southern Downs MP James Lister, Mr Bailey said the EIS involved rigorous assessment of environmental, soc...

Queensland's Water Minister has snapped back at the Prime Minister's comments about 'inaction' at Emu Swamp Dam. Regional Development and Water Minister Glenn Butcher visited the Stanthorpe site as part of his regional Queensland water tour. Mr Butcher didn't hesitate to fie up when asked about Scott Morrison's "frustrated" comments regarding the highly-anticipated irrigation dam. "The two projects he told us to get on with are being assessed by ...