The Supreme Court of Queensland heard the case of Browning v Vukolic [2024] QCA 195, where Sharon Browning appealed against Miladin Vukolic's successful appeal in the District Court. Vukolic had been accused of conducting assessable development without the necessary permits on his land, which contravened the Planning Act 2016 (Qld). The initial conviction was overturned because the District Court found the complaint against Vukolic was invalid due to its failure to specify the legal elements of the offense. The Supreme Court, however, ruled that the District Court misapplied the statutory interpretation principle, upheld Browning's appeal, and reinstated the charges. Moreover, the court deemed Browning the rightful complainant, not the Brisbane City Council, thus clarifying procedural roles in prosecuting planning offenses. The case was sent back to resolve outstanding issues relating to the enforcement order and investigation costs.
Full text: https://www.sclqld.org.au/caselaw/149751