Szabo & Associates News & Updates

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.

Background

Regrettably, there are times when criminals will hold themselves out to be solicitors in an attempt to defraud members of the public and take their money. While the various Law Societies do what they can to prevent this from happening, it is important that people are aware of the risks and know how to avoid potential fraud.

Repudiation of a lease means a breach so serious that a party is entitled to treat the agreement as terminated.  The Victorian Supreme Court has recently commented on the principle of repudiation in a case concerning a dispute over a poorly performing air conditioning unit in a fitness centre (Red Pepper Property Group Pty Ltd v S 3 South Melb Pty Ltd [2019] VSC 41).

The family-run company Swansbel (Pastoral) Pty Ltd has recently (May 2019) been fined by the NSW Land and Environment Court for clearing 300 hectares of native vegetation in 2013 near Narrabri, NSW, and planting cotton in its place: Office of Environment & Heritage v Swansbel (Pastoral) Pty Ltd (2019) NSWLEC 69. It was also noted that one of the family directors, who lives on the property, knew the company needed approval if it was going to remove the vegetation but deliberately did not do so.

Grandparents can have a significant role in the lives of their grandchildren in all sorts of ways. If the relationship between the parents has become strained, this can have a consequential impact on the relationship between grandparent and grandchild. The grandparents may even be prevented from seeing their grandchildren.