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Simplifying Court Costs - How do courts decide who pays the others costs?

For anyone involved in court proceedings, the final judgment is not the end of the story. Once the arguments are over and the verdict is in, a crucial question remains: who pays the legal bills?The recent Supreme Court of NSW case of Bushell v George [2025] NSWSC 1347 provides a perfect, real-world example of how a court navigates this tricky question, especially when the results are mixed. Siblings James and Hannah both sued their late father’s estate, but with very different l...

Estate Litigation: Can you sue a doctor for causing a will dispute?

The New South Wales Court of Appeal has recently weighed in on a complex and developing area of law: whether an executor can sue a medical professional for negligence after a testator (the person making the will) loses capacity.If you are an executor or a beneficiary dealing with the fallout from disputed wills and mounting legal costs, this case provides a crucial insight into how the courts are handling claims against the professionals involved in a testator's care.The Case in BriefThe case in...

Development Applications – To withdraw or to Proceed to Refusal

Development Applications (DA) can be complex. The requirements vary depending on your land’s location, applicable planning instruments such as Local Environmental Plans (LEPs) or Development Control Plans (DCPs), and state requirements such as the State Environmental Planning Policies (SEPPs). While your architect or designer will ensure all the applicable requirements of your land are met, sometimes mistakes can occur, or elements are overlooked during the design process.Following submission ...

Monthly Insights at Harriss Jones Lawyers - February

It is once again time for our monthly newsletter. February has been a busy month and we’ve gotten off to a great start for 2026. We can’t believe we are already two months into the new year!If you haven’t met her already, our new receptionist Nicole started in January who is already getting to know our valued clients, and assisting them through their journey with whatever milestone they are navigating. Nicole will be the consistent friendly face upon your arrival at our office. Welcome Nic...

Understanding NSW LEPs: Part 2 in Our Guide to Planning Law in NSW

In case you missed it, we recently explored Development Control Plans (DCPs) and how they influence development outcomes within a council’s area. While DCPs are important, they are not statutory instruments. In Part 2 of our series, we turn to Local Environmental Plans (LEPs) — the primary legal framework that governs land use in New South Wales.What is an LEP?A Local Environmental Plan (LEP) is a statutory instrument that applies to all land within a local government area. It divides land i...

When "Three Storeys" Won Over Council: Lessons from a Recent Land and Environment Court Appeal

A recent decision in the Land and Environment Court offers important lessons for homeowners navigating council opposition to development applications. In Robinson v Georges River Council, the Court granted approval for a three-storey home despite council's firm stance that the area was strictly "two storeys only." Here's what happened, and why it matters for your own project.The Proposal in BriefThe homeowner sought approval to renovate and extend their existing dwelling at 19 Salt Pan Road...

Key Appeal Decision: Court Orders New Trial in High-Conflict Parenting Case

Case: Jefford & Kaluza [2026] FedCFamC1F 281Case OverviewThe Federal Circuit and Family Court has allowed an appeal against parenting orders that completely severed a father’s relationship with his two young children. By a 2-1 majority (Hogan and Jarrett JJ, Altobelli J dissenting), the Court found the original trial judge made critical errors in assessing whether the father posed an “unacceptable risk” of sexual harm to the children.The Court ordered a complete retrial befor...

Deceased Estates and Property – What are your options?

Griffith University recently authored a report that shows over the next 20 years there will be an estimated $3.5 Trillion in wealth that will transfer through inheritance. For many, that will include a property (or two) and while it’s not front of mind, the first instinct for executors and beneficiaries alike is to sell it.A house in your inheritance can be an emotional and financial burden, but also a tax burden if not dealt with quickly in some circumstances. For example, Capital Gains Tax (...

Court Grants Approval for Cronulla Residential Development with Key Planning Concessions

Case: Cronulla Esplanade Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1037Case OverviewThe Land and Environment Court has upheld an appeal and granted conditional development consent for alterations and additions to a residential flat building at 34 The Esplanade, Cronulla. The approved changes include adding an additional level, a communal roof terrace, and strata subdivision to an already approved development.The decision followed an agreement reached between the developer and Su...

Understanding NSW DCPs: How Council Guides Your Development Design

The Planning Series: Development Control PlansIf you are planning a new home, renovation, or investment property, you will encounter a range of planning controls that will influence what you can build, how it looks, and how Council assesses it. These controls can feel overwhelming at first, but understanding their role can make the design and approval process far more predictable.In this article, we will start with one of the most commonly referenced, and often misunderstood, planning instrument...

What a Recent Tree Dispute Case Tells NSW Property Owners

A recent decision from the NSW Land and Environment Court (Phillips v Peters [2025] NSWLEC 1887) offers critical lessons for homeowners involved in, or contemplating, a tree dispute with a neighbour. The case underscores the legal thresholds that must be met under the Trees (Disputes Between Neighbours) Act 2006 and highlights the importance of evidence and timing.The Case in a NutshellIn Lockhart NSW (west of Wagga Wagga), Mr Phillips applied to the Court seeking orders against his ne...

Harriss Jones Lawyers obtains consent for Kirrawee Garage Project After Neighbour Support & Negotiation

Following a successful conciliation, the NSW Land and Environment Court has approved a development application for a home in Kirrawee, overturning Sutherland Shire Council’s initial refusal.The Project: The application sought consent for construction of a detached double garage with a green trafficable roof, landscaping and front fencing within the boundary setback of the property. The site, on a corner block in the street, had previously been subject to unauthorised excavation and constr...

Your Development Was Refused? What Happens Next and How a Recent Court Case Offers Hope.

Having your development application (DA) refused by the Council can feel like a dead end. You’ve invested time, money, and vision into your project, only to be told “no.”But a refusal doesn’t have to be the final word.A recent case in the Land and Environment Court of NSW shows a clear path forward. It involved a row of heritage shop-top houses in Mascot, where the owner’s plans were refused twice by the Council before finally being approved by the Court.This story is a powerful exampl...

Navigating Risk and Rebuilding Trust in a Complex Parenting Case

A recently published decision from the Federal Circuit and Family Court of Australia (Sinisi & Barbas [2024]) provides a powerful example of how the court balances a child’s right to a relationship with both parents against legitimate concerns for their safety and wellbeing.The case involved a four-year-old girl, X, who lived with her Mother in Tasmania. Her Father, who lived in Sydney, sought increasing unsupervised time and a role in decision-making. The Mother, however, was deeply oppos...

Successful Resolution in Castlecrag Development Appeal

Navigating the planning and development process can be complex, especially when a development application faces objections or a deemed refusal from a local council. A recent case from the Land and Environment Court of New South Wales highlights how strategic negotiation and expert advice can lead to a successful outcome, even for a project in a sensitive environmental and heritage area.Here is a summary of the case Vakili v Willoughby City Council and the key factors that led to the Co...

Family Feud Over an Inheritance: Why the Court Said “No” to Free Legal Help

When a loved one passes away, grief can sometimes be overshadowed by conflict over the Will. This is a painful reality for many families. A recent case in the NSW Supreme Court’s Equity Division highlights this difficult situation and provides an important lesson about the limits of free legal assistance in such disputes.This blog post breaks down the Court’s decision to refuse free “pro bono” legal help to two siblings locked in a bitter fight over their parents’ estate.The Family and...

Court Orders Graduated Time Arrangement in Complex Parenting Case, Emphasising Child’s Best Interests

A recent decision by the Federal Circuit and Family Court of Australia demonstrates the court’s careful approach to reinstating a parent-child relationship where significant allegations have been made, prioritising a child’s long-term welfare through a structured, gradual process.The case concerned parenting arrangements for a six-year-old child. The mother sought orders for the child to live with her and have no time with the father, or alternatively, for any time to be permanently supervis...

LEC Case Review: Court Upholds Amended Coogee Apartment Development, Highlighting the Value of Conciliation

A recent decision by the NSW Land and Environment Court serves as a powerful case study in how proactive negotiation and design amendment can overcome complex planning disputes to secure development consent.The case involved an appeal against Randwick City Council’s deemed refusal of a development application for a part-three, part-four storey residential apartment building in Coogee. The initial proposal faced significant opposition from both the Council and local residents, leading to a cont...

Navigating a Path to Consent: Court Approves Modified Rooftop Design for Cronulla Development

A recent decision from the Land and Environment Court of NSW (South Cronulla Property Group v Sutherland Shire Council) provides a practical example of how a refused modification application can be successfully resolved through conciliation, even where technical issues like increased building height and overshadowing are raised.Background of the CaseIn August 2023, development consent was granted for a mixed-use retail and residential development at 67 Gerrale Street, Cronulla (the Original...

Property Law Update: Court Clarifies Limits of Easements in Cammeray Garage Dispute

A recent judgment from the Supreme Court of New South Wales provides crucial clarity for property owners regarding the extent of rights granted by an easement, particularly in the context of long-established structures.The case of Thomas v Pearson concerned a dispute between owners of adjoining properties in Cammeray, revolving around a double garage located on the defendant’s land but used by the plaintiffs under an ‘Easement for Support’ created in 1988.The Background: A Garage...

Court Approves Gymea Bay Waterfront Works After Parties Reach Agreement

The NSW Land and Environment Court has approved a development application for new waterfront structures in Gymea Bay, bringing an end to an appeal against its deemed refusal by Sutherland Shire Council.The case was resolved not through a contested hearing, but via a conciliation conference—a facilitated negotiation process between the applicant and the Council that led to an agreed outcome.The Approved DevelopmentThe consent allows for work on crown land adjacent to 72 Ellesmere Road, Gym...

A Family Dispute Over a Will: When Siblings Clash Over an Inheritance

A recent NSW Supreme Court (Doric v Orec [2025] NSWSC 245) case offers a poignant look into how a mother's final wishes can tear a family apart, pitting sibling against sibling in a costly and emotionally draining legal battle.Following the death of their mother, Bozica Orec, her three children—Michelle, Judy, and Darryl—found themselves in a bitter dispute over her estate. The primary asset was the family home in Regents Park, valued at around $1.5 million.The conflict centred on two docume...

Land & Environment Court – What to expect in your Residential DA Appeal

If your development application (DA) has been refused by your local council, you might be considering an appeal to the Land & Environment Court (LEC). This article explains what to expect if you're involved in a Class 1 residential development appeal—one that deals specifically with local planning and council decisions on home projects.Before you start anything, it’s essential to seek legal advice. At Harriss Jones Lawyers, we offer a free 30-minute consultation where one of our solicito...

Tree Disputes – Lessons from Roberts v Ho

We love our trees. They provide shade, they can help protect from wind damage, they can also be a home to some great wildlife like possums and birds. According to the Department of Agriculture, Australia is home to approximately 2,500 species of native trees. But they also have their downsides, particularly when it comes to a tree on a neighbouring property, or a tree on our own property that a neighbour takes issue with.When you have a dispute with a neighbour (or they have one with you) about ...

Building a new home? Here’s what legal obligations you have.

Congratulations, you’ve bought a new property, and you’ve saved your pennies to have your new home designed, the old house knocked down, and your dream home built from the ground up. Before you get started, you should be aware of what legal obligations you have and what legislation will dictate the directions your home design takes.Firstly, you should be aware of the potential legislation and regulations which might impact your development. In New South Wales we have a hierarchical structure...