Has Al Maha been taken too far? Conciliated Agreement in the LEC [2023]

Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 transformed the Land and Environment Court’s approach to disposing of matters under s 34. Michael Astill and Matt Harker look at how it has been applied in practice, provide tips on getting a conciliated agreement over the line, and ask the question, is the Court insisting upon the satisfaction of matters that are not truly jurisdictional prerequisites to the exercise of power?

• 1 CPD Point in Substantive Law