King & Company Solicitors

Navigating the New Queensland Privacy Principles: Essential Tips for Councils

Tue, 06 May 2025 23:00:00 +0000

Queensland local governments must comply with new, significantly strengthened Queensland Privacy Principles (QPPs) under the IPOLA Act by 1 July 2025, ahead of the mandatory data breach notification scheme starting in July 2026.

Streamlined access provisions are among major changes to information and privacy laws impacting Councils from 1 July

Tue, 18 Mar 2025 00:00:00 +0000

The Information Privacy and Other Legislation Amendment Act 2023 was passed by the Queensland Parliament on 4 December 2023. The new laws enact substantive and procedural amendments to how access applications received from 1 July 2025 must be handled.&

Are your Council’s data breach practices ready for major privacy law changes?

Thu, 27 Feb 2025 06:00:00 +0000

While local governments are alive to their existing obligations under the Information Privacy Act 2009, the stakes have been raised by the Queensland Government with the introduction of the Mandatory Notification of Data Breach scheme commencing from 1 Ju

A Declaration of Independence – Conflicts of Interest

Wed, 15 Mar 2023 01:00:00 +0000

Over 4 years in to the sweeping amendments to the councillor conduct provisions in the Local Government Act 2009, are we any clearer on precisely when a councillor has a declarable conflict of interest that must be disclosed?

Get Ready: Mandatory eConveyancing from 20 February 2023

Wed, 12 Oct 2022 01:00:00 +0000

From 20 February 2023, the Land Title Regulation 2022 will mandate the use of electronic conveyancing (eConveyancing) for a broad range of property transactions in Queensland. While the shift to eConveyancing isn’t unexpected, it is important

Under Seal

Tue, 04 Oct 2022 04:00:00 +0000

Councils routinely enter property transactions with incorporated associations. Amendments to the Associations Incorporation Act 1981 came into effect on 22 June 2022 which permit incorporated associations to execute document

Directors have rights too!

Mon, 02 May 2022 04:00:00 +0000

A Councillor who is appointed as a director of a company which is established solely with a view to the undertaking of a specified business activity of a Council will be subject to the same rights and obligations as any other director.

Understanding the ‘storey’

Mon, 11 Apr 2022 06:00:00 +0000

A desire to revitalise and activate wasted space has promoted design of multi-storey development to include rooftop open space. Invariably such space will be accessed via an enclosed lift shaft and/or stairway area. Whether such an area should

Interpreting development approvals

Thu, 24 Feb 2022 00:00:00 +0000

Take note of the High Court of Australia’s decision in Sunland Group Ltd v Gold Coast City Council1 Relevant highlights and facts Litigation involving Sunland Group Ltd (Sunland) and Gold Coast City Council (Council) concerned whether infrastructure charges were payable by Sunland pursuant to a preliminary approval granted by the Council. The outcome of the appeal from an infrastructure charging perspective is not the focus of this article. One of the grounds upon which the validity...

Does Christmas day count?

Wed, 15 Dec 2021 03:00:00 +0000

What happens if your Settlement Date falls over the Christmas period?

With Christmas rapidly approaching, it is important to consider the impact that the Christmas period has on contract dates under each of the REIQ Contract for Houses and Resi

COUNCILS: Is that MOU really a legally binding agreement in disguise?

Thu, 18 Nov 2021 01:00:00 +0000

Avoid unintentionally entering into a memorandum of understanding (MOU) that is really a legally binding agreement

Commission clarifies what is unreasonable action by Councils in staff disciplinary matter

Wed, 03 Nov 2021 00:00:00 +0000

If reasonable management action is taken in an unreasonable way, it may expose local governments to claims for psychological injury that are compensable under the Workers' Compensation and Rehabilitation Act 2003.

Planning Law changes provide extra time to act on development approvals and impose additional requirements for planning and development certificates

Tue, 19 Oct 2021 03:00:00 +0000

Local governments should be aware of recent amendments to the Planning Regulation 2017 and the Minister’s extension notice for development approvals and compliance permits

When is an area under Council’s control?

Mon, 13 Sep 2021 03:00:00 +0000

What is the extent of Council’s jurisdiction and control over an area which is not a local government controlled area, but is within Council’s local government area? Contact King & Company now on (07) 3243 0000 to learn more.

Confusion over conflict of interest disclosure exemption

Thu, 26 Aug 2021 01:00:00 +0000

A “significant proportion” of Councillors may need to exercise caution navigating a legislative change to exemptions applying to conflict of interest disclosures. Contact King & Company on (07) 3243 0000 to learn more.

Local Government employers beware terminating employees without following proper procedure

Mon, 09 Aug 2021 05:00:00 +0000

Compliance with the requirements of s283(1) Local Government Regulation 2012 is a mandatory step before taking disciplinary action against an employee. Call King & Company Solicitors on (07) 3243 0000 to learn more

Enforcement notices issued for development offence found to be defective and set aside on appeal

Wed, 21 Jul 2021 03:00:00 +0000

The Planning and Environment Court decision of Serratore & Anor v Noosa Shire Council has highlighted the importance of ensuring attention to detail when preparing enforcement notices. Call King & Company on (07) 3243 0000 to learn more.

What legal cures can landlords with bad tenants take now the Response Period under the Covid-19 “emergency response” regulations have ended?

Mon, 05 Jul 2021 02:00:00 +0000

It can be difficult for a landlord to determine the best way to deal with a defaulting tenant, a problem which was complicated further by the COVID-19 pandemic. Call King & Company on (07) 3243 0000 to learn more.<

Challenge to higher rates levied on tourist rental properties dismissed

Thu, 17 Jun 2021 00:00:00 +0000

King & Company Solicitors represented the Council in defending the challenge to Council decisions determining rating categories and levying general rates. Dismissed by the Queensland Court of Appeal, the decision confirms the broad discretionary

Local Council push for more open government limited by privacy laws

Mon, 14 Jun 2021 00:00:00 +0000

What legal hurdles stand in the way of Councils publishing information about large-sized contractual arrangements in addition to what the Local Government Regulation requires?

How Councils can save resources when processing RTI requests relating to planning and development applications and approvals

Mon, 24 May 2021 01:00:00 +0000

The administrative burden of Right to Information requests on QLD Councils may be reduced by first checking and advising RTI applicants what planning and development documents are already publicly available.

Bunnings stores rates challenge costs Ipswich Council

Mon, 10 May 2021 00:00:00 +0000

The Queensland Court of Appeal decision in BWP Management Limited & Anor v Ipswich City Council [2020] QCA 104 has exposed a potential point of legal challenge when categorising retail shops and shopping centres for differential rating purposes.

Logan Council cleared of unlawfully dismissing former CEO Sharon Kelsey

Thu, 29 Apr 2021 23:00:00 +0000

The Queensland Industrial Relations Commission has ruled Logan City Council did not take illegal adverse action against its former CEO when a majority of Councillors voted to terminate her employment [on 7 February 2018

Are you being defamed on social media?

Mon, 22 Mar 2021 00:00:00 +0000

Increased use of social media has seen a proliferation of defamatory material. But when does legitimate discussion cross the line into defamation, and what can you do about it?

Qld Councils: Are your policies up-to-date?

Mon, 01 Mar 2021 00:00:00 +0000

After a year of legislative reform, now is the time to make sure your Council's policies comply with the relevant legislative requirements.

Changes to the process of selling land for overdue rates and charges recently introduced

Tue, 01 Dec 2020 05:00:00 +0000

The Local Government Legislation Amendment Regulation (No 1) 2020 recently introduced a series of changes to the Local Government Regulation 2012 (LGR). Notably, a number of amendments were made to the process of selling land to recover overdue rate

Motorbikes on reserve tenure land

Thu, 19 Nov 2020 00:00:00 +0000

Councils are trustees of reserve tenure land throughout the State. The size and undeveloped nature of reserves makes them popular with recreational motorbike riders. Unfortunately, Councils routinely receive complaints from nearby residents ab

Court of Appeal clarifies infrastructure charging

Tue, 20 Oct 2020 01:00:00 +0000

Is your local government up-to-date on the pre-requisites for issuing an infrastructure charges notice?

A recent Court of Appeal decision has helped clarify how local governments should approach infrastructure charging.

Red tape relaxation...for a while anyway

Tue, 11 Aug 2020 23:00:00 +0000

New Planning Regulation eases red tape on developers and local governments during the Covid-19 Pandemic Highlights Queensland's planning framework has been amended by the Planning (COVID-19 Emergency Response) Regulation 2020 to change the requirements for public notification of applications and to change the requirements for keeping documents available for inspection Consideration On 26 June 2020, the Planning (COVID-19 Emergency Response) Regulation 2020 ("the Regulation")...

Members of the public raising havoc at public facilities?

Sun, 26 Jul 2020 23:00:00 +0000

Prohibiting or restricting access to public facilities via a banning process Background Whether it is unsupervised misbehaving children or disorderly adults causing a nuisance, Councils can manage access by such persons to local government controlled areas and facilities including buildings via a banning process, if doing so is reasonably necessary to ensure other members of the public can safely enjoy access to such areas and facilities. Issues Given the majority of local government cont...

Warning - changing staged approvals!

Mon, 13 Jul 2020 23:00:00 +0000

Why there is usually more to these requests than meets the eye... Highlights One of the considerations for a request to change a development approval is whether the proposed change will result in a substantially different development. The Planning and Environment Court has recently confirmed that a simple change to the order in which components of the overall development are delivered may still result in a substantially different development, even though the change involves no...

Does a shipping container require development approval?

Fri, 08 May 2020 02:00:00 +0000

Court finds that shipping containers need not be "fixed" to land to constitute assessable building work Highlights On 29 August 2018, the Magistrates Court held that a shipping container had to be "fixed" to land in order to constitute assessable development. This position was reversed in a recent decision of the District Court of Queensland where it was held that the placing of a shipping container on land, without "fixing" it to the land, constituted as...

Council meetings and the coronavirus pandemic

Mon, 04 May 2020 23:00:00 +0000

Is your Council availing itself of new legislative options for Council meetings held during the coronavirus pandemic? Background A public health emergency has been declared in Queensland in relation to the coronavirus disease (COVID-19). Councils must confront new legal challenges that stem from the emergency. This article addresses public attendance at Council meetings during the emergency. Issues Is it lawful for the public to leave their principal place of residence to atte...

Trust me, I'm with the government

Thu, 30 Apr 2020 05:00:00 +0000

Piggy backing off a current State Government contractual arrangement may be very convenient, but Councils need to check the fine print first. Background Councils are obliged to comply with the default contracting procedures, that is:- for a medium sized contractual arrangement, Council must first invite written quotes; or for a large sized contractual arrangement, Council must first invite written tenders. There are a limited number of exceptions, including, under the Local Government...

Miner Cause for Concern

Mon, 27 Apr 2020 04:00:00 +0000

Does your borrow pit operation constitute a 'mine' under the Mining and Quarrying Safety and Health Act 1999? Background The definition of 'mine' in the Mining and Quarrying Safety and Health Act ("the Act") means that Council operations to produce road building material, commonly known as borrow pits, may fall within the scope of the Act. Issue When will an operation to produce road building material constitute a 'mine'? Consideration The Act regulates...

"It's about time" - Time limits apply to actions to recover overdue rates and charges

Tue, 07 Apr 2020 23:00:00 +0000

Court finds that Council is unable to recover overdue rates and charges more than six years overdue Highlights No time limits apply to the commencement of procedures by councils to sell or acquire land for overdue rates and charges under the Local Government Regulation 2012 (Qld). However, the recent decision of the High Court of Australia in Amos v Brisbane City Council has confirmed that a six year time limitation applies to the commencement of Court proceedings seeking to recover o...

Coronavirus - is your business protected?

Wed, 11 Mar 2020 05:00:00 +0000

If your business is affected by the fallout from Covid-19... will your insurance protect you? Highlights As the number of cases of Covid-19 continues to rise in Australia, now is the time to start reviewing your insurance policy to see if your business will be covered for potential losses arising from the outbreak. Being clear on the terms of your cover now will help you avoid making decisions which may affect your eligibility to make a claim against your insurance policy in the futur...

Dogs Stay Out

Mon, 20 Jan 2020 03:00:00 +0000

The State and Federal governments support the Queensland Feral Pest Initiative Program which aims to control invasive plants and animals. Under the Program, funding has been granted in respect of the construction of exclusion fencing to fence out wi

No duty owed to subsequent purchaser of land

Wed, 27 Mar 2019 00:00:00 +0000

Council avoids liability for zoning mistake on planning certificate. A decision by the Queensland Court of Appeal in a negligent misrepresentation case brought by a disgruntled purchaser against the Central Highlands Regional Council serves as a timely reminder for local governments of the importance of due diligence when releasing information to the public to ensure that the information provided is as accurate as possible. In 2007 the purchaser company, Geju Pty Ltd, purchased a rural lot ...

Do Councils owe a duty to protect the public from injury when granting planning approvals?

Wed, 13 Mar 2019 01:00:00 +0000

Driver involved in fatal accident fails to establish Council owed him a duty of care In the recent decision of Bryant v Competitive Foods Australia Pty Ltd & Ors [2018], the District Court of Queensland has reaffirmed that there is no recognised category of caselaw establishing that local governments owe a duty of care to prevent personal injury in the exercise of their statutory powers in relation to a Council planning approval process. Instead, the facts of the matter will be cruc...

Isaac Regional Council Mayor's Charity Ball

Mon, 17 Sep 2018 03:00:00 +0000

King & Company was again proud to sponsor and attend the Isaac Regional Council Mayor's Charity Ball held this year in Moranbah on 11 August 2018. The Ball raised money for mental health initiatives in communities in the Isaac Region and to be involved in supporting such an important cause was a privilege.

ROL Conditions Run with the Land

Tue, 08 May 2018 03:00:00 +0000

High Court confirms that ROL approval conditions are enforceable against subsequent owners of reconfigured land The recent High Court decision in Pike & Anor v Tighe & Ors has confirmed that conditions of a development approval for reconfiguring a lot run with the land and are binding even after new lots have been created and on-sold. For local governments this establishes that there are circumstances where enforcement action can be taken against a subsequent owner of land to ...

Liability Update for Employers

Tue, 27 Mar 2018 03:00:00 +0000

Employer found liable after employee falls from pallet jack he was riding as a scooter Cincovic v Blenner's Transport Pty Ltd [2017] QSC 320 A truck driver has successfully claimed damages from his employer, Blenner's Transport, after sustaining personal injuries at work when a pallet jack he was riding as a scooter was kicked by a fellow worker, causing the truck driver to lose balance and fall on the concrete floor. The incident On 30 March 2014, the Plaintiff sustained compress...

New Labour Hire Licensing Regime

Tue, 13 Mar 2018 00:00:00 +0000

Labour Hire Licensing Act 2017 - What does it mean for local governments? The Labour Hire Licensing Act 2017 is set to commence on 16 April 2018. It establishes a licensing scheme to regulate the provision of labour hire services, which aims to protect workers from exploitation, and promote the integrity of the labour hire industry.[1] What are the key features of the Scheme? Labour hire providers must be licensed to provide labour hire services in Queensland. Persons who engage l...

Waste Management Update

Thu, 16 Nov 2017 00:00:00 +0000

COUNCIL WASTE MANAGEMENT POWERS... GOING, GOING, GONE On 1 July, 2018, the following local government waste management powers are due to expire:- chapter 5A (Waste management by local governments) ("chapter 5A") of the Environmental Protection Regulation 2008 ("EPR"); and
section 7 (Designation of areas) of the Waste Reduction and Recycling Regulation 2011 ("section 7"). Chapter 5A only applies to "serviced premises", that is, relevantly, premi...

Right to Information and Personal Injury Claims

Wed, 06 Sep 2017 03:00:00 +0000

Right to Information Access Applications for documents relevant to personal injury claims We frequently encounter matters where a person or their legal representative makes a Right to Information Access Application ("access application") to a Council prior to or after making a personal injuries claim against the Council under the Personal Injuries Proceedings Act 2002 ("PIPA"). The purpose of making an access application in this context is generally to obtain access to a...

Workers' Compensation Update

Thu, 20 Jul 2017 01:00:00 +0000

Court dismisses claim for damages to injured worker due to lack of credibility Bakhit v Brisbane City Council [2017] QDC 155 A labourer employed by the Brisbane City Council was unsuccessful in his claim for damages after injuring his back while dismantling temporary fencing at a Council reserve. The Incident On 13 July 2011, the Plaintiff lifted a concrete block weighing approximately 31.7kg. The block formed the base of temporary fencing. After lifting the block, he twisted ...

Climate Change Liability

Mon, 22 May 2017 04:00:00 +0000

Local Governments' Legal Liability for Climate Change Introduction The international scientific community is largely in agreement concerning climate change, the only variable being the extent to which action taken now will have an effect on future climate change. The weight of scientific opinion is that: Sea levels are rising, and will continue to rise; Rainfall will increase across northern Australia; Extreme rainfall events are likely to increase in intensity by the end of ...

Personal Injuries Update

Mon, 27 Mar 2017 00:00:00 +0000

Court awards significant damages to injured physiotherapist after fall on stairs Covey v State of Queensland [2017] QSC 23 A physiotherapist working at a Queensland Hospital has successfully claimed damages from her employer, the State of Queensland, after sustaining personal injuries following a stumble and fall on stairs within the hospital grounds. The Plaintiff was employed as a physiotherapist at the Hospital. On 31 May 2010 the Plaintiff was attending a routine meeting wi...

Planning & Environment Court Update

Mon, 16 Jan 2017 06:00:00 +0000

Permissible Changes - One Change Too Many? The Sustainable Planning Act permissible change mechanism [1] available to developers continues to feature in litigation before the Planning and Environment Court. It appears settled that the appropriate benchmark for considering the causal effect of a proposed change is the most recent iteration of a development approval, be that an original approval never the subject of a successful permissible change, or the latest manifestation of a ...

Errors in Planning & Development Certificate

Fri, 16 Dec 2016 01:00:00 +0000

Court Broadens Class to which Councils Owe a Duty in Providing Statutory Certificate A property developer who relied on the contents of an erroneous Limited Planning & Development Certificate when purchasing vacant land has succeeded in recovering its losses associated with that transaction from the relevant local government. In June 2008, the Plaintiff, in conjunction with another company, purchased 10 hectares of vacant land for the price of $900,000.00. The Plaint...

Requests for statement of reasons - Judicial Review Act

Wed, 30 Nov 2016 04:00:00 +0000

Decisions for which reasons need not be given Our government clients frequently receive requests by aggrieved parties for provision of a written statement of reasons for their decisions under the Judicial Review Act ("JR Act"). Often those requests are a precursor to a future court challenge by the aggrieved party to the lawfulness of the decision. Such a challenge is usually made by an application for judicial review. If statement of reasons is provided it may become evidence in...

Local Government Prosecution - Unlawful Building Work

Wed, 26 Oct 2016 03:00:00 +0000

Successful local government prosecution for demolishing an asbestos building without approval King & Company has assisted Maranoa Regional Council in successfully prosecuting a company and its directors for unlawfully demolishing a house in Roma, which resulted in the release of asbestos material. Over a number of days in September 2014, the house was demolished and most of the demolished material was transported to another location. Samples of the demolition material taken...

Local Government Liability - Inspections and Maintenance Systems

Tue, 26 Apr 2016 01:00:00 +0000

Court confirms Council's system of inspection and maintenance of its gardens as adequate A visitor to the Brisbane Botanic Gardens at Mt Coot-tha, who injured his wrist when he slipped and fell on algae whilst walking along an asphalt pathway within the gardens has failed to establish that the local authority was responsible for his fall. On the afternoon of 12 April 2012, the Plaintiff and his wife were visiting the gardens when he slipped and fell whilst descending a short, shar...

Planning & Environment Court Decision

Thu, 26 Nov 2015 06:00:00 +0000

Council Recovers Costs Against Dilatory Developer The P&E Court's decision in Hartley & Hartley v Isaac Regional Council & Anor [2015] QPEC 56 has reminded all parties to a proceeding, that their obligations to the Court and other parties cannot be taken lightly. Pro-active Councils dealing with dilatory developers are not without recourse and may be entitled to an award of costs where a developer: fails to seek advice regarding its prospects of success prior to comm...

Liability of Local Governments for Acts of Unknown Persons

Mon, 07 Sep 2015 01:00:00 +0000

Court confirms Council not liable for vandalism of road barricades by unknown persons A motorcyclist, who sustained serious injuries when he struck barricades that had been moved onto the road carriageway by vandals, has failed to establish liability on the part of the local government performing the roadworks. In the early hours of 20 July 2008, the Plaintiff was riding his motorcycle along Woy Woy Road, Kariong, past an unmanned section of road repairs being performed by the Gosford City ...

Judicial Review of Rating Decisions

Wed, 19 Aug 2015 04:00:00 +0000

Challenge to differential general rate dismissed In the recent decision of the Supreme Court in Ostwald Accommodation Pty Ltd v Western Downs Regional Council ([2015] QSC 210), a ratepayer's challenge to the Council's decision to impose differential general rates on land used for workforce accommodation was dismissed. King & Company represented the Council. In the judgment handed down by His Honour David Jackson this week, the Court confirmed that it is lawful for local governm...

Planning and Environment Court Update

Tue, 03 Mar 2015 07:00:00 +0000

Planning and Environment Court Update