The New South Wales Court of Appeal delivered its final decision on former Premier Gladys Berejiklian’s challenge to the Independent Commission Against Corruption finding of “serious corrupt conduct” in July 2024. The ruling confirmed that no one—not even a former Premier—is above the applicable standards of conduct, reinforcing the importance of public confidence in government.
Although political, the case has clear parallels with property and conveyancing. Integrity, honesty and transparency are fundamental in both contexts. A property seller must disclose material matters such as easements, zoning restrictions or structural defects, just as public officials must disclose conflicts of interest. Failure to disclose can lead to legal consequences:
- Disclosure is mandatory, not discretionary.
- Transparency protects all parties.
- Like government oversight, property transactions rely on checks and balances.
- Non-disclosure or misrepresentation can result in disputes, delays and financial loss.
The ICAC found that Berejiklian breached public trust through her undisclosed relationship with former NSW MP Daryl Maguire. Her appeal was dismissed by a 2–1 majority, with costs awarded against her. While she maintained that she acted in the public interest, evidence—including intercepted phone calls—indicated that the relationship had influenced decisions concerning grant funding in the Wagga Wagga electorate.
Her legal team argued that ICAC exceeded its powers and challenged aspects of the evidence. However, the Court of Appeal upheld the findings, confirming that ICAC acted within jurisdiction, including reliance on assessments by former Assistant Commissioner Ruth McColl. The majority agreed that the grounds of appeal were not established.
This decision reinforces that integrity is non-negotiable. Whether in public administration or property transactions, compliance and transparency protect all stakeholders.
Flash Conveyancing advice:
In property transactions, always disclose material facts. Easements, zoning constraints, structural issues or disputes must be clearly identified. Transparency reduces legal risk, prevents future disputes and supports a smooth settlement process.
Flash Conveyancing, led by Julian and Renee, specialises in property transactions across New South Wales. With extensive experience working with councils including Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby and Parramatta, they provide a clear, practical and personalised approach to every settlement. Whether buying or selling in Acacia Gardens, Marsden Park, Stanhope Gardens or North Kellyville, they ensure transactions are handled efficiently, securely and in accordance with the law.