Planning & Environment Harwood Andrews Planning & Environment Harwood Andrews

Can a planning authority change its mind?

The answer, according to the Victorian Civil and Administrative Tribunal in Canaan Holdings Pty Ltd v Whitehorse CC [2015] VCAT 1608, is ‘no’.

In February 2015, Whitehorse City Council decided to adopt Amendment C153 to the Whitehorse Planning Scheme (Amendment), which formed part of a combined application under s 96A of the Planning and Environment Act (Act).  Approximately a month late, in March, the Council purported to rescind its decision and to abandon the Amendment.

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Not For Profit Harwood Andrews Not For Profit Harwood Andrews

Charity case law update – Study and Prevention of Psychological Diseases Foundation v Commission for Taxation

The Federal Court has dismissed an appeal by Study and Prevention of Psychological Diseases Foundation (SPED) against an earlier finding of the Administrative Appeals Tribunal confirming a decision of the Commissioner of Taxation to revoke SPED’s endorsement for federal tax concessions as a health promotion charity.  

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Not For Profit Harwood Andrews Not For Profit Harwood Andrews

Shane Warne Foundation under investigation

The financial practices of The Shane Warne Foundation are under investigation by Consumer Affairs Victoria.

The Foundation is listed on the Australian Charities and Not-for-profits Commission register as a public ancillary fund that is a deductible gift recipient entitled to GST and FBT concessions and is exempt from income tax. Established in 2003, the Foundation has the charity subtype of advancing social or public welfare, lists its beneficiaries as youth with chronic illness and disabilities. It has revenue of $250,000 to $999,999 per year putting it in the medium sized charity category.

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