In the Zone - July 2026

22 July 2026

| 15min

Catherine Morton
Partner
Sparke Helmore Lawyers

Catherine Morton
Partner
Sparke Helmore Lawyers
t: +61 2 9373 1447

Catherine is qualified as both solicitor and architect and has had a range of experience in both professions. She has been employed as a planning law solicitor since 2005 and provides clients with an in-depth perspective on the nexus between planning law and architectural design.

Welcome to our latest edition of In the Zone.

Both the Land and Environment Court (LEC) and the Court of Appeal have recently delivered some compelling decisions. The LEC’s ordering of the State owned Forestry Corporation to pay $450,000 to the Yurruungga Aboriginal Corporation for restorative justice actions, is a landmark decision, which we outline below.

In Nagra v Coffs Harbour City Council [2026] NSWLEC 1028 the Court considered how cropping structures are characterised at law and in Fred Caterson Champions Inc v The Hills Shire Council [2026] NSWCA 68, the NSW Court of Appeal examined whether particular expert evidence will be admissible in judicial review proceedings. Recission of a contract for the sale of land because of an innocent misrepresentation by the vendor (about the impact of adjoining development upon ocean views) was considered by the Supreme Court in Keci v Barnes [2026] NSWSC 521.

We also discuss the recent Court of Appeal decision in Joseph v Spencer [2026] NSWCA 46, which clarifies the purpose of conciliation conferences and explains the role of Commissioners of the LEC in making orders giving effect to s 34 agreements.

Finally, in City of Parramatta Council v Transport for NSW [2026] NSWSC 294, the Supreme Court held that the registration of a VPA operated to create an ‘interest’ in the relevant land on the part of the Council, which then gave the Council a right to compensation under the Land Acquisition (Just Terms Compensation) Act 1991.

Lots of interesting reading! Please get in touch if you have any questions about the content in this edition.

We would like to acknowledge the contribution of Alan McKelvey, Naomi Simmons, Dianna Grant, Jennifer Hutton, Stephanie Nevin, Grant Long, David Gunter, Stephanie Miller, Kyra Ng, Jordan Young, Zoe Plant, Samuel Stoljar.