What's news
PDF DownloadLatest news
National
Opinion: Stuck in an unfair federal system
15 February 2010
The High Court decision in the Arnold case reveals major
problems with Australia’s structure of government when it comes to the
Murray-Darling basin. The Arnold case arose when farmers in the Lower Murray
region sought compensation for forced reductions in their use of water, but
Australia’s constitution says a person must receive ‘’just terms’’ when their
property is acquired under federal law More...
Stop developers from influencing planning, says Flannery
20 February 2010
Environmentalist Tim Flannery has called for a ban on property
developers making political donations, saying some were seeking to influence
coastal planning decisions and build homes that would be threatened by rising
sea levels More...
A green dividing line emerging in property
15 February 2010
A two-tier market is emerging in the commercial property world; buildings
with the appropriate environmental credentials and those that are yet to make
advances More...
Banks say no lending for ‘trailer trash’ homes
13 February 2010
Critics fearful of “trailer trash” communities, and tougher
lending criteria by banks, are thwarting moves by developers and governments to
use manufactured homes as a solution to the country’s housing affordability
crisis. Restricted banks’ lending criteria are specifying that only personal
loans are offered for such assets, rather than mortgages, unless they are on
land with long-term leases More...
ACCC: water market rules now in force
5 February 2010
The transitional period for the Water Market Rules 2009 ended on
31 December 2009 and the rules are now in full effect and enforceable by the
Australian Competition and Consumer Commission.
These rules, together with the Water Charge (Termination Fees) Rules 2009, will make it easier for farmers in the Murray-Darling Basin to sell their water rights and exit the sector or restructure their business More...
Govt to spend $10m to retrain axed installers
21 February 2010
Insulation workers will be retrained as the federal government
reworks its botched home insulation program and tries to avoid massive job
losses. The government will replace both the insulation and solar hot water
rebate schemes, introduced as part of economic stimulus measures, with a new
renewable energy rebate, to start in June.
Supermarket deal on restrictive leases ‘meaningless’
9 February 2010
Competition expert Frank Zumbo, of the University of NSW, said
the reforms, like the Coles and Woolworths announcement, were “meaningless”.
Removing restrictive clauses will do nothing for competition if new supermarket
competitors can’t get into existing shopping centres More...
Government and police bid to nab roof insulation rorters
19 February 2010
Federal Police have been called in to investigate claims of
rorting and fraud under the Rudd Government’s taxpayer-funded insulation
scheme. Environment Minister Peter Garrett has also instructed officials to
prepare legal action to claim money back from frauds and are also investigating
frauds who bully renters to sign $1200 rebate forms for batts they claim have
been ordered by landlords More...
Defence Housing Australia: Economic Stimulus Plan fast tracks six-star
energy efficient homes
8
February 2010
DHA’s
six-star construction initiative is in advance of the Federal Government’s
plan, through the Council of Australian Government (COAG), to introduce a
six-star energy rating in the Building Code of Australia by May 2010 More...
Victoria
Old bridges pose bushfire risk
17 February 2010
Ageing wooden bridges have been earmarked for upgrades since
2008, but to date only 30 have been completed. This is despite a Department of
Sustainability and Environment (DSE) implementation plan warning track
infrastructure was crucial for timely access to bushfires More...
MAV fears councils losing planning say
17 February 2010
The Municipal Association of Victoria (MAV) is campaigning against
what it says is the erosion of the role local government plays in the planning
system. It says proposed changes to the Planning and Environment Act will
override councils’ planning policies More...
Council demands wind turbine explanation
18 February 2010
The South Gippsland Council will ask Victorian Planning Minister
Justin Madden to explain a decision to extend the height of wind turbines at
Bald Hills More...
Higher wind turbines revive dead parrot issue
18 February 2010
The controversial Bald Hills wind farm that catapulted the endangered
parrot to fame in 2006 is under renewed scrutiny, after it was quietly granted
permission to make its turbines more than 20 per cent taller. Planning Minister
Justin Madden said the changes would see up to 20 per cent more renewable
energy produced. National Party leader Peter Ryan said new heights meant a new
environmental review was warranted More...
Minister holds talks on clearway dispute
17 February 2010
The Roads Minister, Tim Pallas is meeting representatives from
the Stonnington Council, which is planning legal action over expanded clearway
times. The councils will take VicRoads to the Supreme Court and argue that a
lack of consultation makes the decision unlawful More...
Calls for ban on houses in fire areas
16 February 2010
One year after Kevin Rudd pledged to rebuild the communities
devastated by the Black Saturday fires, planners have warned against “death
trap” building and demanded that development be banned in fire-prone areas More...
Bushfire policy “behind” coastal erosion rules
16 February 2010
Victoria’s bushfire planning strategy needs a “major overhaul”,
an urban designer has told the Bushfires Royal Commission, with bushfire-prone
policy in Victoria has been “left behind” when compared to the policies created
for other hazards such as rising sea levels as a result of climate change More...
EPA Victoria
has approved a major $380 million upgrade of Melbourne Water’s
Eastern Treatment Plant with construction starting in mid 2010. The upgrades at
the sewage treatment plant are expected to improve the quality of the marine
environment at Gunnamatta and could create significantly more water recycling
opportunities over time (Melbourne Water)
Irrigation upgrade to raise Murray River salinity
Northern Victoria Irrigation Renewal Project (NVIRP), the
authority delivering the billion dollar upgrades to Victoria’s irrigation
sector, has confirmed that the upgrades are expected to raise salinity levels
in the Murray River. The authority has also confirmed that the upgrades would
reduce the amount of water that enters the Murray as ‘’outfalls’’ - excess
water not diverted by farmers More...
New South Wales
$1.3 million infrastructure boost for Tamworth
15 February 2010
Minister for Planning, Tony Kelly, has today visited the site of
a $1.3 million road infrastructure project which will allow further development of the Hills Plain
urban release area north of Tamworth. More than $179 million in interest free
loans has been allocated to 37 projects across 33 high growth council areas
that met the criteria for funding under the Local Infrastructure Fund More...
Three Sydney Landmarks Gain Top Heritage Protection
16 February 2010
Sydney landmarks – the Queen Victoria Building, Sydney Town Hall
and Luna Park – were today listed on the State Heritage Register More...
Lower Hunter Regional Strategy
18 February 2010
New development proposals for the Huntlee New Town and Catherine
Hill Bay sites in the Lower Hunter are expected to be re-lodged in coming
months with the NSW Department of Planning.
The existing regional strategy, independently of those MOUs and deeds, continues to provide a clear basis for all sites in the strategy to be considered on their merits and assessed according to law More...
More land won’t mean more houses:
Kelly
17
February 2010
Releasing
more “greenfield” land for home construction will do little to ease Sydney
housing prices - which are the second highest in the world, NSW Planning
Minister Tony Kelly says. He said enough greenfield land had been approved for
home construction under the state government’s Metropolitan Plan for Sydney’s
forecast population growth More...
Reforms to retirement village laws
Important changes are being made to the retirement village laws
by the Retirement Villages Amendment Act 2008 and Retirement Villages
Regulation 2009. The changes will apply from 1 March 2010. More...
Queensland
More families to sue over insulation scheme
17 February 2010
A Senate inquiry commencing in Melbourne will hear evidence
about the deaths of four tradesmen who were working under the scheme. The
inquiry will also investigate reports of dozens of house fires in properties
which were insulated under the troubled scheme, which was rolled out as part of
last year’s $42 billion economic stimulus package More...
Property Council welcomes action by decisive Fair Trading
Minister
19 February 2010
Australia’s leading property body has welcomed the responsible
action taken by Fair Trading Minister Peter Lawlor who has announced changes to
the way body corporate fees are decided for Queensland’s more than 350,000 unit
owners More...
New planning provisions for councils
16 February 2010
New provisions in the State Government’s Sustainable Planning
Act are set to cut red tape, cut unnecessary council fees and improve
affordable housing on land zoned residential. Mr Hinchliffe said it was quite
clear too many councils were requiring extra town planning assessment and cost
where a house or a duplex would be approved under any normal circumstances. The
new laws don’t override council safeguards protecting character, residential,
environmental policies and safety like flooding More...
Government requires comment on tomorrow’s Brisbane
17 February 2010
Brisbane residents can have their say on the new City of
Brisbane Bill which was released for public comment by the Local Government
Minister Desley Boyle. The Bill will cut through red tape and give Brisbane
City Council the flexibility needed to deliver modern services in a world-class
city. The new City of Brisbane Bill, like the new Local Government Act 2009, is
part of a comprehensive review of local government legislation More...
New Qld Valuation Legislation to protect average ratepayers
11 February 2010
Legislation introduced in Parliament will protect ordinary
ratepayers from higher costs and provide certainty for the rate base of
Queensland local governments, Natural Resources, Mines and Energy Minister Stephen
Robertson said the Valuation of Land and Other Legislation Amendment Bill 2010
would confirm the valuations previously issued and provide certainty for the
way in which valuations are issued in future More...
North West Queensland mines charged for contamination
10 February 2010
The State Government has charged two more mines for serious
environmental harm with Climate Change and Sustainability Minister Kate Jones
and Member for Mount Isa Betty Kiernan stating both will be prosecuted for
breaches of the Environmental Protection Act 1994. A number of statutory orders
have been issued to get mines to improve their water management and prevent
contaminated overflows re-occurring More...
Articles
National
The Australian Environment Act report of the independent review
of the Environment Protection and Biodiversity Conservation Act 1999: final
report Source: Dept. of the Environment, Water, Heritage and the
Arts, 2009; 372pp
Subjects: Environment Protection and Biodiversity
Conservation Act 1999; Natural resource management; Environment policy;
Sustainable development; Government regulation; Legislation; Evaluation; Committees and inquiries More...
What is a valid requisition on title
Author: Butt, Peter
Source: Australian Law Journal, 2010, Vol 84, No 1,
January, pp13
Status of holding deposit
Author: Butt, Peter
Source: Australian Law Journal, 2010, Vol 84, No 1,
January, pp13
Ouster of co-owner: a sequel
Author: Butt, Peter
Source: Australian Law Journal, 2010, Vol 84, No 1,
January, pp14
Climate change; Is the tide turning
Author: Stafford Hopewell, Stafford
Source: Proctor, 2010, Vol 30, No 1, February, pp19-20 Caselaw, climate change, development assessments and
appeals
Victoria
Securing our natural future: a white paper for land and
biodiversity at a time of climate change
Source: Victorian Government Dept. of Sustainability and
Environment, 2009, 146pp
Subjects: Environment policy; Sustainable development;
Biodiversity; Victoria; Natural resource management; Water resources; Ecosystem services; Climate change
(Anthropogenic)
What is parting with possession
Author: Butt, Peter
Source: Australian Law Journal, 2010, Vol 84, No 1,
January, pp12
Queensland
Land cover change in Queensland 2007-08
Statewide Report Landcover and Trees Study
Now available from the website www.derm.qld.gov.au
Practice notes/directions
Victoria
Buying off-the-plan Alert
15 February 2010
Melbourne’s booming property market has seen an increase in
apartment approvals – but consumers should be aware of the inherent risks of
buying off-the-plan. The law protects off-the-plan buyers by requiring their
deposit be no more than 10 per cent of the contract price. The buyer also has
the right to end the contract if the plan of subdivision is not registered by
the time specified in the contract, or within 18 months. For further
information, visit the Building and renovation section More...
Green Cities 2010 conference will be held at the Melbourne
Convention Centre from 21-24 February.
Submissions for invited for Clause 52.11 (Home Occupation) changes - Comments invited by
Friday 26 February 2010. Public consultation on accessibility features in housing -
Comments invited by Friday 5 March 2010.
Queensland
Significant Project: Gladstone–Fitzroy Pipeline
11 February 2010
The Gladstone–Fitzroy Pipeline project has been declared a
‘significant project’, for which an Environmental Impact Statement is required
under the State Development and Public Works Organisation Act 1971, on 26 July
2007
The report can be viewed at www.dip.qld.gov.au/projects
Submissions for Public Comment: City of Brisbane Bill
With submissions closing on the consultation draft on Monday
March 1, stakeholders are encouraged to check out the proposed legislation for
the Brisbane of tomorrow at
www.dip.qld.gov.au/local-government/local-government-legislation-review.html
NOTE: The new Bill will replace the City of Brisbane Act 1924, City of Brisbane Regulation 2004, Brisbane City Council Business and Procedures Act 1939, the Local Government (China Town and Valley Malls) Act 1984 and the Local Government (Queen Street Mall) Act 1981
Public comment sought on Queensland
Curtis LNG project
The
Queensland Government is seeking public comment on the supplementary
environmental impact statement (SEIS) for the proposed $8 billion Queensland
Curtis Liquefied Natural Gas project in Gladstone. Interested parties had four
weeks to comment on the SEIS, which was recently released by the
Coordinator-General. Stakeholders wishing to make a submission on the SEIS
should do so in writing by close of business on March 10. An executive summary
of the SEIS can be viewed online at www.dip.qld.gov.au/projects while the full
SEIS document is available at www.qclng.com More...
Legislation
National
Commonwealth
Wild Rivers (Environmental Management) Bill 2010
22 February 2010
A Bill for an Act to protect the interests of Aboriginal
traditional owners in the management, development and use of native title land
situated in wild river areas, and for related purposes More...
Offshore Petroleum and Greenhouse Gas Storage Legislation
Amendment (Miscellaneous Measures) Bill 2010
22 February 2010
A Bill for an Act to amend the Offshore Petroleum and Greenhouse
Gas Storage Act 2006, and for other purposes More...
Victoria
Acts
Legislation Reform (Repeals No. 5) Act No 2 of 2010
Assent: 9/02/2010 SG No. 49 9/2/2010 p. 1
Commencement: 10/02/2010: s. 2
Acts amended or repealed by Assents
Conveyancers Act 2006, No. 75/2006
Duties Act 2000, No. 79/2000
Estate Agents Act 1980, No. 9428/1980
Land Act 1958, No. 6284/1958
Landlord and Tenant Act 1958, No. 6285/1958
Property Law Act 1958, No. 6344/1958
Retirement Villages Act 1986, No. 126/1986
Sale of Land Act 1962, No. 6975/1962
Water Act 1989, No. 80/1989
Regulations
Statutory Rule No. 8: Transport Accident Amendment (Home Modification
Agreement)
Regulations 2010
Date of Making: 16/02/2010 Commencement: 16/02/2010
Not yet in operation: N/A
www.legislation.vic.gov.au
Cases
Victoria
Smith & Ors v Marapikurrinya Pty Ltd & Ors (No.2) [2010]
FMCA 79
Trade practice – Alleged misleading and deceptive conduct in
relation to alleged representations in native title and aboriginal heritage
matters. Costs – Application in a case –
where respondents’ application for summary dismissal unsuccessful – where
respondents’ application for transfer of proceedings to the Federal Court
successful More...
Santo v David [2010] FCA 42
Aborigines – Application by members of one of the families of a
Torres Strait Island People – Prior determination by the Court under the Native
Title Act of the existence of communal native title rights and interest in
respect of island land, including the subject land – Family part of the People
determined to hold native title rights - Construction of dwelling on land
alleged to be an act affective native title to be an act affecting native title
and invalid – Declaratory and injunctive relief sought – Whether Applicants
have standing to bring application – Where native title holder rights and
interests held by determination by a prescribed body corporate holding
interests on trust – Where prescribed body corporate not a party to application
– Held Applicants do not have standing – Held application dismissed More...
Apostolou v VA Corporation Aust Pty Ltd [2010] FCA 64
Mortgages – exercise of mortgagee’s power of sale – whether a
breach of mortgagee’s duties where a property properly marketed and auctioned
but is sold for less than its market value.
Trusts and trustees – right of indemnity – nature of – power of sale –
whether trustee should seek judicial sale where trustee has express power to
sell – whether lien claimed against new trustee. Corporations – liquidation – corporate
trustee – whether a liquidator has power to sell trust property. Corporations – winding up – corporation wound
up in insolvency but actually solvent – duties of liquidators More...
Minister for the Environment, Heritage and the Arts v PGP
Developments Pty Limited [2010] FCA 58
Environment – pecuniary civil penalty sought – declaration of
contravention sought – statement of agreed facts provided by parties. Declarations – statement of agreed facts
adduced as evidence under s 191 Evidence Act - whether agreed facts are
evidence sufficient to support declaration More...
Perpetual Trustee Limited & Anor v Baranov [2010] VSC 18
Mortgages − Default by mortgagee ― Deed of cross
collateralisation ― Multiple securities available to mortgagee to satisfy debt ―
Claim for possession of mortgagee’s family home ― Precursor to mortgagee’s sale
― Statutory obligation to exercise power of sale in good faith with regard to
mortgagor’s interests ― Protection of “interests” in family home ― Whether
mortgagee obliged to have primary recourse to other securities ― Applicability
of Nolan v MBF Investments [2009] VSC 244 More...
Lobb v Greater Dandenong CC [2010] VCAT 91
Planning and Environment; Existing use rights; clause 63.11;
whether clear and unambiguous written direction for the use to cease given
during fifteen year period. More...
Beath v Kousal [2010] VSC 24
Trustees – Joint trustees – Indemnification – Costs and expenses
incurred by one trustee without agreement of co-trustee – Requirement of
unanimity of trustees – whether costs recovery as benefits to the estate More...
Henderson-Smart v Quality Blow Moulders Pty Ltd [2010] VSCA 14
Contract — Guarantee — Guarantee of indebtedness — Construction
— Written document construed in commercial context — Extent of guarantee — Past
indebtedness or indebtedness from time to time More...
Fosters Group Ltd v Mornington Peninsula SC (includes Summary)
(Red Dot) [2010] VCAT 104 Amendment of permit that establishes an existing use
right
Whether a permit can be amended so as to permit use and
development that would be otherwise prohibited under the planning scheme. In
particular, whether conditions in an existing use permit can be amended in
respect of the existing use; and whether an existing use permit can be amended
to introduce a new use in addition to or in substitution for the existing use
Buckley v Knox CC [2010] VCAT 125
Responsible Authority must issue a certificate of compliance
providing that the use of the land for petrol sales/service station and for a
motor vehicle workshop complies with requirements of the planning scheme at the
date of the certificate More...
Queensland
Coles Group Property Development Ltd v Sunshine Coast Regional
Council [2010] QPEC 004
Approval of supermarket – amended size of proposal - pursuant to
sections 367 and following of the Sustainable Planning Act 2009 More...
K Page Main Beach Pty Ltd v Gold Coast City Council & Ors
[2010] QPEC 006
Whether changes to appellant developer’s proposal are “minor
change” - no “substantially different development More...