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National

New disclosure rules and certificate for office blocks
18 March 2010
Office block owners will have to disclose the building’s energyefficiency to prospective buyers or lessees under a government bill introducedinto federal parliament. Mr Combet said a full building energy efficiencycertificate would have to be given to interested parties and would include astar rating of the building’s energy efficiency and additional information onhow efficiency could be improved.  

Household electricity prices to soar nationally
19 March 2010
Household electricity bills are set to soar, with theIndependent Pricing and Regulatory Tribunal (IPART) said yesterday it hasapproved price rises of up to 64 per cent in total over the three years from2010-11 until the end of 2012-13.   More...

Company admits misleading consumers about marketing carboncredits
11 March 2010
The Federal Court of Australia has declared that Prime CarbonPty Ltd made false or misleading representations concerning the supply of itsservices in relation to the sale of carbon credits in promotional brochures and on its website. The ACCC is closelymonitoring this industry sector and if you are making representations that youcannot substantiate, will take action to ensure compliance with the Act.   More...

Councils ignored fiduciary responsibilities
10 March 2010
The author of the Cole Report has said Councils that claimed tobe in accordance with state legislation when investing in CDOs ignored theirfiduciary responsibilities. An increasing number of CDO investments have beenclassified as impaired by auditors and a range of councils have launched legalaction for misleading and deceptive conduct.  More...

Victoria

Council may get more say on planning decisions
19 March 2010
The State Government is considering giving the Melbourne CityCouncil more power to consider large planning applications, with the Ministerapproving the contentious $200 million redevelopment of Melbourne’s WindsorHotel. Projects with more than 25,000 square metres of floor space arecurrently handled by the Planning Minister, Justin Madden.   More...

National Trust set for hotel battle
19 March 2010
The National Trust is preparing an appeal against the stategovernment’s decision to approve the controversial Windsor Hotel redevelopment,which was attacked as sacrificing heritage for money. Mr Madden said twoprobity audits had approved the decision-making process, and he made thedecision based on two independent reports and not on any advice his mediaadviser provided.   More...

Conditional Planning Permit granted for Hotel Windsor
18March 2010
Planning Minister Justin Madden today granted a conditional planningpermit for the $200 million refurbishment and redevelopment of the HotelWindsor.   More...

Company pays out for grassland clearing
17 March 2010
A Victorian investment company will pay $62,000 towardsconservation research and protect up to 13 hectares of threatened specieshabitat after breaching national environment law. Cromwell Property Securitiesagreed to the enforceable undertaking under national environment law with thefederal environment department as an alternative to the matter going to court.   More...

Victory against unlicensed Conveyancer
18 March 2010
An unlicensed conveyancer has been restrained from conducting anunlicensed conveyancing business, after the Melbourne Magistrates’ Court foundhe had been operating his business illegally and misleading consumers.   More...

Vic councils awarded sustainability grants
16 March 2010
The Victorian State Government has announced the latest winnersof grants to help integrate sustainability into the planning process. Projectsto further integrate sustainable thinking into planning and help councilstackle climate change were announced as recipients of the $1.3 million inVictorian Local Sustainability Accord grants.  More...

Victorian solar power station stays in local hands
16 March 2010
Plans to build one of the world’s largest solar power plants inVictoria have resumed.   More...

Expanded Industrial hub to create over 600 new jobs
15 March 2010
The major expansion of a Geelong industrial hub that has thepotential to generate more than 600 jobs will proceed after the VictorianGovernment today announced $2 million towards building vital infrastructure forthe precinct.   More...

Way clear for Torquay Civic & Community Precinct
15 March 2010
Planning Minister Justin Madden has amended the Surf CoastPlanning Scheme to facilitate construction of the proposed $23.7 million Civicand Community Precinct development in Torquay North.   More...

Geelong Camera trial to reduce truck noise
12 March 2010
A new noise camera system will be used to monitor heavy vehicleson the Geelong Ring Road near Waurn Ponds as part of a Brumby Labor Governmentcommitment to reduce excessive engine brake noise on Victorian roads.   More...

Channel deepening wins national infrastructure award
12 March 2010
The recently completed Channel Deepening Project in Port PhillipBay, Victoria’s largest ever marine infrastructure project, has beaten strongcompetition to win the prestigious National Infrastructure Award.   More...

Victorian legal panel to focus on climate change
15 March 2010
The Victorian Bar is forming a panel of barristers to specialisein cases involving climate change and testing out new government regulations likely to be introduced todeal with global warming.   More...

Victoria’s waterwise towns revealed
11 March 2010
The Victoria government has revealed Victoria’s most water efficienttowns. According to the latest water figures, Sunbury and Macedon in north-westMelbourne are the most water efficient, using 145 litres per person per day.Premier Brumby also announced that Victorian companies Page Steel and OneSteelhave been awarded $24 million in contracts for work on the desalination plantproject.  More...

Airport takes advantage of consumers on parking
12 March 2010
Consumer Commission (ACCC) has found Melbourne Airport is makingmore money from car parking fees than any of the country’s other main airports.The ACCC says the airport made $94.8 million in parking fees in the year to2008.  More...

New South Wales

Local heritage under threat
15 March 2010
A number of councils across New South Wales are failing to listsignificant heritage items on their Local Environmental Plans, the NationalTrust of Australia has said. Department of Planning directives require councilsto list heritage items on their LEPs, but at least five councils have failed tolist any items in their area.   More...

Elected officials responsible for financial decisions: Woodward
15 March 2010
New guidelines on council investments will ensure that electedofficials do not delegate financial decision making, according to the NSWdepartment of premier and cabinet. Part of the guidelines will clarify whereaccountability lies, he said, and would ensure councils are more business-likein the way they invest.   More...

NSW private land to be seized for housing
12 March 2010
Legislation for a new development authority in NSW will beintroduced before June in an attempt to increase housing construction rates,which are the lowest on record even though the city’s population is growing atthe fastest rate since the 1960s. The laws, believed to be the first of itskind in Australia, will give the authority sweeping powers to compulsorily acquireand rezone privately owned land for resale to developers.    More...

Queensland

Residential valuations tipped to rise
15 March 2010
Residential property owners in Brisbane and Moreton Bay shouldexpect their land values to increase in this year’s valuations by theDepartment of Environment and Resource Management (DERM). The department willissue valuations before the end of this month and they will take effect on June30.  Click here to download a copy of thereport .   More...

Queensland legislation cracks down on foilceiling insulation
10 March 2010
The Queensland state government has introduced new mandatorysafety measures to minimise the risks associated with electrically conductivefoil ceiling insulation. A Ministerial Notice under the Electrical Safety Act 2002requires insulation installers to arrange an inspection by a licensedelectrical contractor before foil insulation is installed in a ceiling andapplies from 10 March, 2010.   More...

Reforming Queensland’s land valuation system
9 March 2010
Premier Anna Bligh has announced significant changes to theQueensland land valuations system to provide greater certainty and alignQueensland with other States. The Premier has today committed to moving to sitevaluation, consistent with other jurisdictions and in line with what theproperty industry and local government have been seeking for some time. TheGovernment will put in place a new structure to reform the state valuationservices including the appointment of an independent Valuer General to providetransparency in the assessment and issuing of valuations.   More...

Articles

National

Legal consequences of climate change for the Property sector
Author: Fitzgibbon, Tarnya  et al
Source: Property Australia, 2010, Vol 24, No 6, March,pp46-47

Guarantees, subrogation and constructive trusts
Author: Butt, Peter
Source: Australian Law Journal, 2010, February, pp75

Escheat: A medieval doctrine revisited
Author: Butt, Peter
Source: Australian Law Journal, 2010, February, pp76

Caveats and the rights of prior mortgagees
Author: Butt, Peter
Source: Australian Law Journal, 2010, February, pp77

Climate change: is the tide turning
Author: Hopewell, Stafford
Source: Proctor, 2010, Vol 30, No 2, p18
Flooding issue – cases and legislation

Adapting to climate change in Australia: position paper
Author: Australia. Dept. of Climate Change, 2010, pp18
Climate change (Anthropogenic); Climate change adaptation andmitigation; Climate change policy; Natural resource management; Sea levels;Federal state relations; Council of Australian Governments.   More...

Practice Notes/Directions

National

National Building Standards: Access to Premises
The Commonwealth Government’s initiative introduces new nationalstandards for publicly accessible buildings that will make those buildings moreaccessible for people with a disability. The Disability Standards for Access toPremises will commence on 1 May 2011.

Victoria

Planning permit granted for Hotel Windsor
A planning permit for the refurbishment and redevelopment of theHotel Windsor has been granted.   More...

Victorian Integrated Housing Strategy released
The Government has released the Victorian Integrated HousingStrategy which identifies future directions and priorities critical in ensuringthat housing for Victorians is more affordable, accessible andsustainable.   More...

Currently Inviting Submissions

EPA Draft Noise Guidelines - Comments by Friday 26 March2010.

Caravan Park Regulations 2010 Regulatory Impact Statement - Comments by 12 April 2010

Coastal Climate Change Advisory Committee’s Issues and Options Paper - Comments by Monday, 26 April 2010.

Panel Reports

Bass Coast C101: Residential development of Lots 1-13 Vickers Avenue, Wonthaggi.

Hotel Windsor Site Advisory Committee: Development of the Windsor Hotel site at 137 Spring Street and 1-17 Bourke Street, Melbourne.

Consultationto open for proposed new power station

Planning Minister Justin Madden will release the Environment Effects Statement (EES) for the proposed Shaw River gas-fired power station, near Orford in Western Victoria, on Friday 12 March 2010 and invite public commentson the project. The EES takes into account the potential impactsassociated with the construction of these pipelines on flora and fauna,waterways and Aboriginal heritage. The EES and other relevant statutory documents are on exhibition from 12 March to 27 April. More....

VIC: Window solutions for use in the highest Bushfire Attack Levels BAL-FZ

Victorians in BAL-FZ, the highest bushfire attack level under the Australian Standard for building in bushfire-proneareas, now have a window available. The Building Commission announced today that a combined window and screen system manufactured for use in BAL-FZ, has been released onto the market that meets the criteria of asystem tested by the Building Commission to the Australian Standard, AS1530.8.2. More...

VIC:Private Bushfire Shelter Accreditation

11March 2010

The Building Commission today confirmed that a private bushfire shelter has been accredited for use on sites assessed up to and including the highest bushfire attack level, BAL-FZ. Currently there is no National Standard for the design and construction of private bushfire shelters. The Australian Building Codes Board is currently preparing such a Standard, however this will not be ready for take up by the States until May 2010.More...

New South Wales

Major project declarations andthreshold criteria

15 March 2010

 There has been some misunderstanding about application of the $100 million threshold criteria. Under the Major Development SEPP the NSW Government is the consent authority for residential, retail or commercial projects worth over $100 million. Where the proposal is not permitted in the relevant land-use zone,  there is discretion as to whether the Government becomes the consent authority and each proposal is considered on its merits. More...

Queensland

Parliament First home-owner cap and ‘top-hatting’ relieflegislation
9 March 2010
Introduced legislation into the Parliament, the Revenue andOther Legislation Amendment Bill 2010, introduces measures to increase business investment in Queensland andwill see relief given from duties paid to facilitate the restructure of stapledentities. The legislation will also cap the State Government’s $7,000First-Home Owner’s grant to homes worth up to $750,000 from 31 March... More...

New disclosure rules and certificate foroffice blocks
18 March 2010
Office block owners will have to disclose the building’s energyefficiency to prospective buyers or lessees under a government bill introducedinto federal parliament. Mr Combet said a full building energy efficiencycertificate would have to be given to interested parties and would include astar rating of the building’s energy efficiency and additional information onhow efficiency could be improved.   More...

LNG looks to other parties for Gladstone sale
16 March 2010
Liquefied Natural Gas (LNG) Ltd has amended its heads ofagreement (HOA) with Arrow Energy Ltd over the proposed $51 million sale of theFisherman’s Landing LNG project in Gladstone to allow it to look at alternativepartners after Arrow became a takeover target. Under the renegotiated terms eitherparty can terminate the deal with one day’s notice and will not face liabilityat the termination of the contract.   More...

Legislation

Commonwealth

Disability (Access to Premises - Buildings) Standards 2010
15 March 2010
These Standards set performance requirements and provide referencesto technical specifications to ensure dignified access to, and use of,buildings for people with disability.   More...

Personal Property Securities (Corporations and Other Amendments)Bill 2010
11 March 2010
A Bill for an Act to amend certain Acts as a consequence of theenactment of the Personal Property Securities Act 2009, to amend that Act, andfor related purposes.   More...

Water Act 2007 - Accreditation of amendment of transitionalwater resource plan - River Murray Prescribed Watercourse Water Allocation Plan
15 March 2010
This instrument accredits the amendments to the River MurrayPrescribed Watercourse Water Allocation Plan that were made under s 89(2)(f) ofthe Natural Resources Management Act 2004(SA). The River Murray PrescribedWatercourse Water Allocation Plan is a transitional water resource plan underitem 7 of the table in Schedule 4 to the Water Act 2007.   More...

Environment Protection and BiodiversityConservation Act - section 269A - Instrument Adopting and Revoking RecoveryPlans (01/03/2010) (QLD, VIC, WA)
11 March 2010
Legislative Instrument - F2010L00625
This instrument revokes a number of recovery plans and adopts 2Queensland recovery plans, 15 Victorian recovery plans and 21 WesternAustralian recovery plans for listed threatened species pursuant to section269A(7) of the Environment Protection and Biodiversity Conservation Act1999.   More...

Environment Protection and Biodiversity Conservation Act 1999 -section 269A - Instrument Adopting Recovery Plan (05/03/2010) (NSW, QLD)
15 March 2010
This instrument adopts one recovery plan prepared by New SouthWales and Queensland, for listed threatened species pursuant to section 269A(7)of the Environment Protection and Biodiversity Conservation Act 1999.   More...

Cases

Commonwealth

Sampi on behalfof the Bardi and Jawi People v State of Western Australia [2010] FCAFC 26

NATIVE TITLE – native title determination application –recognition of native title – principles – Native Title Act 1993 (Cth) – nativetitle claim group – whether one or two societies at sovereignty – whether therehas been continuity and evolutionary change post-sovereignty – extent of rightsand interests to land and water – offshore areas – intertidal zone – right toprotect.   More...

Edwards v Santos Limited (No 2) [2010]FCA 238
Costs – Discretionary power to award costs under Federal Courtof Australia Act 1976 (Cth) s 43 – Where native title questions involved –Whether the Native Title Act 1993 (Cth) s 85A can be taken into account in theexercise of discretion to award costs – Held even though not directlyapplicable, “spirit” of s 85 relevant – Held that “spirit” did not displaceusual rule that costs follow the event in circumstances where priorintermediate appellate authority highlighted a lack of standing andjurisdiction.   More...

La Trobe Capital & Mortgage Corporation Limited v HayProperty Consultants Pty Ltd [2010] FCA 250
Trade Practices – misleading or deceptive conduct – loss ordamage under s 52 – valuation of property intended as security for loan – lossof opportunity to advance funds – damages for loss of interest.   More...

Victoria

Truyen v Ly& Lay Holdings Pty Ltd (Retail Tenancies) [2010] VCAT 244
Retail lease, terms of lease not given to the Tenant, whetherterms incorporated into lease, termination of lease, withholding rent, failureto pay rent, whether repudiatory, alleged failure to repair by Landlord,Tenant’s goods, sale of goods by auction, notice of auction, allegedly missinggoods, goods not sold, claims arising out of inability to conduct business atthe premises, landlord’s claims for rent, outgoings and advertising.   More...

Keam v Mason & Ors (Real Property) [2010]VCAT 242
Sale or partition, s.229 Property Law Act 1958, practicality ofthe division of the land, attachment, special value.   More...

WROB Pty Ltd v Hunt & Ors (Retail Tenancies) [2010] VCAT 245
Retail tenancy – form of lease signed by Tenant and guarantors –material alteration by Landlord after execution – form of lease avoided againstTenant and Guarantors – form of lease relied upon not proven - informal leaseagreement – no right of re-entry by Landlord for breach of a covenant that isnot a condition of the grant – agreement not making payment of rent a conditionof the grant – no right of re-entry - non-payment of rent – purported re-entryby Landlord – where right of re-entry available - formal common law demandnecessary – no such demand made – purported re-entry unlawful – damages forloss of chance that tenant would have traded profitably in the premises –evidence that tenant trading at a loss – chance found to have no value –damages in contract – nominal damages awarded for breach of covenant of quietpossession – agreement to sell plant and equipment – price payable ininstalments – right of vendor to avoid agreement and resume ownership ofequipment if instalments not paid – less than half the instalments paid –vendor elects to resume ownership of equipment – claim by vendor for balance ofpurchase price dismissed – no part of purchase price stated to be deposit –vendor ordered to repay the instalments of the purchase price paid by thepurchaser – damages.   More...

Rast v Rajakovic (Retail Tenancies)[2010] VCAT 246
Landlord not entitled to exercise right or re-entry, tenantsentitled to damages, tenant entitled to costs under section 92(2).   More...

Bite Food Group Pty Ltd v Ubertas Funds Management Pty Ltd(Retail Tenancies) [2010] VCAT 253
Retail lease – demolition clause – early termination of term –consequential loss of fit out – claim by tenant for compensation for fit out –Retail Lease Act 2003 s.56 – how compensation is calculated – apparent practiceof Landlords to attempt to avoid the effect of the section by reliance onreinstatement clause disapproved of.  More...