- Are a homeowner who wants to understand the local government planning process and how to manage a development application and may need representation against the council
- Are a developer after planning lawyers to advise and represent your interests on the various planning restrictions and guidelines of larger developments
- Need to understand the environmental laws governing the local council area.
- Work in local government and want to understand the obligations of local councils, the controls enforced by them or employment issues.
Our expertise
Local Government
- Advising on the interpretation of a range of legislation on issues such as the exemption to pay rates, or the circumstances in which a highway may be closed;
- preparation and certification of by-laws;
- guidance on governance issues, both for formal council meetings and in other circumstances;
- assistance with code of conduct matters; and
- making a “right to information” application for documents from a public authority.
Planning
- Assistance with development applications, including making a representation to object to an application;
- representing councils, developers and individuals for appeals to the Tasmanian Civil and Administrative Tribunal, including at mediation;
- planning scheme amendments before the Tasmanian Planning Commission;
- advising on the interpretation and application of planning schemes, including heritage provisions; and
- advising on the circumstances in which “pre-existing” use rights may exist.
Enforcement
- Assisting councils to enforce the requirements of their planning schemes;
- issuing notices or prosecuting for breaches of:
- building legislation, including issuing emergency orders
- urban drainage legislation
- legislation relating to the preparation of food and the protection of public health
- advising on requirements for animal control, including dangerous dog declarations;
- issuing abatement notices in circumstances where a nuisance exists; and
- representation and advice on enforcement options for environmental matters.
Property
- Drafting agreements pursuant to Part 5 of the Land Use Planning and Approvals Act 1993;
- advising on the amendment of sealed plans;
- compulsory acquisition of land or interests in land;
- advising on a range of issues relating to strata titles; and
- assisting with the amendment and extinguishment of easements and covenants.
Development
- Acting for construction companies, individual builders and homeowners in relation to construction disputes;
- making and defending steps taken pursuant to the Building and Construction Industry Security of Payments Act 2009;
- recovering outstanding debts in the Magistrates Court of Tasmania or the Supreme Court of Tasmania;
- advising on contractual obligations; and
- providing background advice to assist clients to negotiate practical and pragmatic solutions to construction disputes.
Employment
- Representation in relation to all employment and workplace relations matters;
- how Fair Work Act 2009 and other employment legislation affects your council;
- drafting of employment contracts and policies procedures;
- representation at courts and tribunals on your behalf;
- advise on matters relating to investigations by the Fair Work Ombudsman;
- advising on employment and workplace disputes, including termination of employment, unfair dismissal, industrial action, internal disciplinary proceedings and anti-discrimination issues.