[Bradley Filmer]

Hi All,
Hope you are all well and staying safe.

We have had a non rateable request come through from a Church for a town house that is being used “to accommodate workers when back in NSW or in Australia on furlough”.

We will most likely head down the path of getting legal advice but wanted to see if any other Councils have had a similar request.
Thank you

[Michael Cherry]

Hi Brad – there is a case Trustees of the Marist Brothers vs Byron Shire Council dated 30 August 1984 which contains some useful information. The case involves a Holiday Home which was used by the Marist brothers for rest and recreation and the Court found that the Holiday Home was exempt under the old Act. I have a copy of the case if you can’t find it on-line.

We have had similar cases (but not identical) where active Marist Brothers live in residences and have gained exemptions with us based on the case law above.

Hope this assists.

Mick

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