Law

November 1, 2022

O conveys Blueacre “to A and her heirs, but if the land should ever stopped being used for hospitable purposes, then the grantor shall be able to elect to end the estate and retake.

O conveys Blueacre “to A and her heirs, but if the land should ever stopped being used for hospitable purposes, then the grantor shall be able to elect to end the estate and retake.” What are the estates created? A) fee simple absolute in A because the language is merely precatory. B) fee […]

November 1, 2022

What do you think is an important step that a reader of a case may take to better understand the facts in an opinion published by a court

Law

What do you think is an important step that a reader of a case may take to better understand the facts in an opinion published by a court? What are definitions of relevant facts, explanatory facts and legally unimportant facts? What do you think may be the greatest challenge with respect to placing facts into […]

November 1, 2022

Is a development application in fact required? What documents do you need to refer to

Law

Is a development application in fact required? What documents do you need to refer to?

November 1, 2022

What happens after the development application is lodged and, If it is granted, when will the development consent begin?

Law

What happens after the development application is lodged and, If it is granted, when will the development consent begin?

November 1, 2022

Will Col Packard be able to immediately commence work on the site once they have obtained development consent

Law

Will Col Packard be able to immediately commence work on the site once they have obtained development consent? Once the childcare centre is constructed, will Col Packard be able to immediately move in, or are there other certificates or approvals required?

November 1, 2022

A childcare centre previously operated on a site in 1995 for 17 years and then the lot reverted to residential use in 2012.

Law

A childcare centre previously operated on a site in 1995 for 17 years and then the lot reverted to residential use in 2012. In 2010, childcare centres became prohibited development and then in 2015, they required development consent again. Could the client rely on an existing use right?

November 1, 2022

If the land owner wanted to ensurethat a new development application to operate a childcare centre was not required, what would you advisethelandownerto do

Law

Given the above facts in question4, if the land owner wanted to ensurethat a new development application to operate a childcare centre was not required, what would you advisethelandownerto do?

November 1, 2022

What review or appeal options were, or are, available from the council’s refusal of the development application

Law

What review or appeal options were, or are, available from the council’s refusal of the development application. Consider all options including those that the client has already tried. Are there any relevant time limits? Is or was judicial review relevant to this matter?

November 1, 2022

Does the court have the jurisdiction to hear this matter? If so, which class of action is most relevant, and will the matter he heard by a commissioner or judge

Law

Does the court have the jurisdiction to hear this matter? If so, which class of action is most relevant, and will the matter he heard by a commissioner or judge? If the council affirmed its decision {which it did], can Col Packard still make an application to the coun?

November 1, 2022

On what basis (if any) can the reasons that council has given for refusing the development application be challenged

Law

On what basis (if any) can the reasons that council has given for refusing the development application be challenged? Are there any experts, such as a town planner or traffic consultant, that could help with this dispute and why might they be useful?

Law

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