What's news
PDF DownloadLatest news
National
Green
home loan scheme in shambles
4 February 2010
The federal Environment Department has been accused of bungling its
popular green home assessment program, while giving favourable treatment
to one company More...
Australian
land use rules drive house prices up
27 January 2010
The sixth annual Demographia International Housing Affordability Survey
looks at 272 metropolitan markets in Australia, the US, the UK, Canada,
Ireland and New Zealand. The report blames a loss of housing
affordability in
Sydney and
Melbourne on land use regulations which have
virtually eliminated affordable land for building More...
NIC:
Water diversion limits spark compo call
26 January 2010
The chief executive of the National Irrigators Council says that
irrigators have a property right - if that’s taken away from them
because governments decide that the environment needs more water, then
they should be compensated for that. The new limits will come into
effect across most states in 2014 and
Victoria in
2019 More...
WA:
Environmental monitoring ‘tardy and superficial’
25 January 2010
The environmental monitoring program in the wake of last year’s oil
spill in the Timor Sea has been described as ‘superficial’ with the
University of Western Australia’s submission says the ‘tardy’ response
to the spill means it will be hard to detect some of the environmental
impacts More...
HIA:
Six-Stars on New Homes Fail on Emissions
22 January 2010
The decision by the Building Ministers’ Forum to mandate 6-star energy
efficiency requirements in new dwellings will have next to no effect on
curbing Greenhouse Gas Emissions, but will make new homes more expensive
and less affordable. The lack of demonstrated net benefits in the
Regulation Impact Statement casts a doubt over the purpose and objective
of future regulatory impact assessments More...
Fishing
company worried about marine parks
29 January 2010
One of Australia’s biggest fishing companies says it expects a raw deal
from bio-regional planning currently being conducted by the Federal
Department of Environment, with five marine regions around Australia
under review in a bid to find and preserve aquatic ecosystems for future
generations including the Coral Sea More...
Victoria
Victorian
building approvals up 110 per cent
4 February 2010
Victoria’s reputation as the economic engine room of the nation received
another shot in the arm today with the value of building approvals
increasing 109.7 per cent over the course of 2009 despite the impact of
the global financial crisis.
Mildura
marina development resumes
2 February 2010
Work will begin on the next stage of a $120 million marina in Mildura
after the global financial crisis slowed progress More...
New
guidelines for bushfire roadblocks
4 February 2010
Police have released new guidelines for the use of roadblocks during
bushfires. The new guidelines come after confrontations between Horsham
police and residents wanting to return to their homes during the Black
Saturday fires More...
Concern
grows over Stockyard Hill wind farm: Mayor
4 February 2010
The
Pyrenees Shire Mayor,
David
Clarke, says community
concern about wind farms is intensifying More...
First
Pipes laid to bring desalinated water to Melbourne
4 February 2010
The first of 84km of pipes that will deliver desalinated water to
Melbourne from the end of next year have been laid in Melbourne’s
south-east this week More...
Unveiling
Victoria’s unique
heritage
4 February 2010
Victorian residents and visitors will gain a new understanding of the
many layers of
Victoria’s
unique heritage thanks to a new Brumby Labor Government resource.
Victoria’s
Framework of Historical Themes is available at www.heritage.vic.gov.au More...
Consortium
builds five new
Melbourne schools
3 February 2010
Abigroup, as part of the Axiom Education Victoria consortium, has built
five new schools across the greater metropolitan
Melbourne area More...
Vic govt to review smart
meters
3 February 2010
The Victorian government has ordered a review of controversial smart
meters after the state auditor-general warned electricity consumers
would be worse off More...
Council
continues the fight against clearways
2 February 2010
The Stonnington Council is stiffening its opposition to extended
clearway hours proposed by the State Government More...
Panel
rejects Barwon Heads change
28 January 2010
An independent panel has recommended to City Hall that Barwon Heads land
owned by Bob Macafee not be developed and has also rejected a community
bid to change the zone of a Thirteenth Beach development. The panel
heard submissions to an amendment that if approved would implement the
Barwon Heads Structure Plan into the Greater Geelong Planning Scheme More...
Building
height limits approved
28 January 2010
A Limit on building heights for Port Lincoln’s city centre has been
approved by Urban Development and Planning Minister Paul Holloway
restricting development along most of the foreshore to three storeys.
The Building Height and Design (City Centre Zone) Development Plan
Amendment (DPA) was approved last week, putting a limit on building
heights in the central business district for the first time More...
Bilfinger
Berger Services wins O&M
contract for Peninsula Link
28 January 2010
Specialist engineering, construction and asset management contractor,
Bilfinger Berger Services, has been awarded a 25-year operations and
maintenance (O&M) contract for the $759 million toll-free Peninsula
Link project in
Victoria.
New South Wales
NSW
councils miss out on infrastructure funding
28 January 2010
Sydney
councils have shunned the State Government’s $200 million infrastructure
fund, say developers. The NSW Government scheme provides interest loans
to local governments to fact-track local infrastructure projects. www.governmentnews.com.au
Queensland
Vacant
office space rises in SE Queensland
4 February 2010
The Property Council of Australia (PCA) report shows the office vacancy
rate in Brisbane’s CBD rose to 11.3 per cent in the six months to
January - the highest in 15 years. The Gold Coast recorded south-east
Queensland’s highest
vacancy figure More...
Gold
Coast Council sinks golf course housing development
3 February 2010
The Gold Coast City Council’s planning committee has refused to approve a
residential development on a golf course at Clear Island Waters,
stating the concept did not comply with city planning criteria including
building heights and accommodation density and there were concerns
about flooding More...
Qld has
some of the most expensive residential land
3 February 2010
The HIA-RP Data Residential Land Report for the 2009 September quarter
ranks four
Queensland regions among the 10 most expensive regions for residential
land in Australia More...
South-East
Queensland homes among world’s most unaffordable
27 January 2010
The South East has ranked among the least affordable places to live in
the world ( Demographia International Housing Affordability Survey) The
authors blame the “devastating impact of land use regulation” for
driving up unaffordability, and the false belief that higher population
densities would reduce future infrastructure costs More...
Airport
Link work noise under investigation
22 January 2010
Queensland’s co-ordinator general has launched investigations into both
BrisConnections and Thiess John Holland for possible breaches of noise
levels and hours of operation for the $4.8 billion Airport Link project.
The companies could face hefty fines over claims they have failed to
shield residents from construction noise. More...
Practice notes/directions
A
bunfight at the market – Murphy and Fremantle Markets Pty Ltd
Source:
Webb,
Eileen
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp42-25
Attempt
to extinguish easement in gross fails
Author:
Duncan,
Bill
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp46-47
How
long can a binding death benefit nomination last for: SMSF
Author: Figot,
Bryce;
Butler,
Daniel
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp8-50
How
long can a binding death benefit nomination last for: SMSF
Author: Figot,
Bryce;
Butler,
Daniel
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp8-50
Victoria
Victoria’s new lease duty
Author:
John
Riley,
John; Wood,
Elizabeth
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp51-53
Queensland
Sustainability
in
Queensland given
legislative and coercive force
Author:
Kris
Byrne,
Kris
Source:
Australian Property Law Bulletin, 2010, Vol 24, No 4, pp54-56
National
National
Electronic Conveyancing System development
A new National Electronic Conveyancing System (NECS) has been announced
by the
Queensland,
New South Wales and
Victorian Governments. The system intends to help legal practitioners
electronically prepare land title dealings and related instruments
needed to register changes in property ownership and interests, settle
financial transactions, comply with the tax and duty requirements, lodge
land title instruments for registration and receive prompt confirmation
of the registration www.necs.gov.au
Public Comment:
Private
Bushfire Shelters Draft Technical Standard
25 January 2010
The draft technical standard for the design of
private
use bushfire bunkers (now referred to as
private
bushfire shelters) approved by the Australian Building Codes Board
(Sept 2009) has been released and is available for public comment More...
BCA 2010 Energy
Efficiency Provisions Revised
22 January 2010
New provisions have been announced by the Acting Environment for
greenhouse pollution reduction to be included in the national Building
Code of Australia (BCA) for 2010 and developed at the request of the
Council of Australian Governments (COAG). They further enhance and
expand the existing energy efficiency provisions in the BCA More...
Victoria
VIC: Proposed Forests
(Recreation) Regulations 2010 out for public comment
The proposed Forests (Recreation) Regulations 2010 seek to manage
recreational activities so that environmental impacts on forests are
minimised. The Regulatory Impact Statement (RIS) has been prepared to
assess the costs and benefits of the proposed regulations and feasible
alternatives. Public comments are invited on the RIS and accompanying
regulations. All comments must be in writing and must be received by no
later than 5:00 pm on 4 March 2010. All submissions will be treated as
public documents More...
VIC: Evaluation of the
Mornington
Peninsula and
Western
Port Biosphere
Reserve - Online survey
A requirement of the Victorian Government’s Biosphere Reserve Policy is
that the performance of this biosphere reserve is evaluated. The
evaluation is taking place between February and March 2010. We’d like to
hear your view about its effectiveness in terms of it’s aim to promote
solutions to reconcile the conservation of biodiversity with sustainable
land use by answering a few questions.
Please complete the online survey and submit by 12 March 2010 More...
Submissions
for invited for
Modernising
Victoria’s
Planning Act: Draft Bill for comment - Comments invited by Friday 12
February 2010.
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.
Government
moves to cut green tape
The Brumby Labor Government has foreshadowed cuts to unnecessary green
tape to make it easier and cheaper for Victorian businesses to meet
their environmental obligations (22 January 2010) More...
New South Wales
The State
stimulus measure
The NSW Housing Construction Acceleration Plan (HCAP) – was to end on
December 31, but it will now be extended to June 30, 2010 (215 January
2010) More...
Queensland
Revised
sustainability declaration now available
A simplified, new sustainability declaration is now available to ensure
homeowners can supply important information to potential buyers. Under
laws in place since January 1, anyone selling a house, townhouse or unit
must provide a declaration listing their home’s sustainable features
under the Building Act 1975. From February 4 the new form, fact sheet
and a reference guide will be available at www.dip.qld.gov.au
Media Release: More...
Sustainability declaration form More...
Sustainability declaration fact sheet More...
Sustainability declaration reference guide More... - this guide provides
information to help you complete the sustainability declaration.
Legislation
Commonwealth
Murray-Darling
Basin Agreement (Adjusting Valley Accounts and State Transfer Accounts)
Protocol 2010
This protocol establishes the operational process by which water trade
between valleys and between states is supported by bulk transfers of
water between valleys and states (25/01/10)
Date Registered: 25/01/2010 More...
National
Greenhouse and Energy Reporting (Auditor Registration) Instrument 2010
The instrument concerns matters of detail relating to requirements for
qualifications, knowledge, training or experience requirements to be met
by prospective applicants for registration as a greenhouse and energy
auditor (02/02/2010).
Victoria
Statutory Rule
No. 3:
Mineral Resources (Sustainable Development) (Extractive Industries)
Regulations 2010
Date of Making: 27/01/2010 Commencement: 27/01/2010
Proclamations
Act No. 57:
Energy and Resources Legislation Amendment Act 2009
Assent: 21/10/2009 SG (No. 366) 21/10/2009 p. 1
Commencement: Pt 1 (ss 1, 2), Pt 2 (s. 3), ss 4, 5, 9-11, Pt 4 (ss 13-16), Pt 5 (ss 17, 18), Pt
6 (ss 19-22) on 13/12/2009: GG 10/12/09 p. 3215; Ss 28, 30, 31, Pt 9 (ss 35-41) on 01/01/2010: GG 10/12/09 p. 3215; Ss 23, 24, 32 on 27/01/2010: SG (No. 33) 27/1/2010 p. 1
Bills Introduced and Second Read in the first House
Liquor Control Reform Amendment (ANZAC Day) Bill
Offshore Petroleum and Greenhouse Gas Storage Bill
Cases
Commonwealth
Mandurah
Enterprises Pty Ltd v Western Australian Planning Commission [2010] HCA
2
Real property – Compulsory acquisition – Parts of various lots reserved
under town planning scheme for Primary Regional Roads – Whole lots
subsequently acquired for purpose of railways and primary regional roads
– Whether land reserved for one purpose could be acquired for another
purpose – Whether valid acquisition under s 13 of Town Planning and
Development Act 1928 (WA) – Whether valid acquisition under s 161 of
Land Administration Act 1997 (WA) (“Land Act”) appeal allowed in part.
Victoria
Ranges
SC (includes Summary) (Red Dot) [2009] VCAT 2746
Reasons why decision is of interest or significance
Law – issue of interpretation or application - Interpretation and
application of the precautionary principle - Policy – interpretation or
application of policy- Planning policy relating to the protection of
water supply catchments – consideration of Guidelines: planning permit
applications in open, potable water catchments (May 2009) –
consideration of the Australian Drinking Water Guidelines – planning
policy relating to rural/agricultural issues and land management
practice More...
Muller v
Mildura Rural CC (includes Summary) (Red Dot) [2010] VCAT 42
Consent order refused for extension of permit in circumstances where
permitted use and development now prohibited
Law – issue of interpretation or application - Application of principles
in Kantor v Murrindindi Shire Council – permit extension refused –
decisions should not be made based on sympathy - Practice or procedure –
consideration of individual instance or systemic issues - Consideration
of circumstances where consent order will not be made by Tribunal –
Dowling v City of Malvern (1983) 1 PABR 86 endorsed and followed More...
Pattas v
Stonnington CC (
Land Valuation) [2010] VCAT 24
Catchwords:
Application for review of valuations of Shop 3 forming part of a larger
property; consideration of historic building and affect on development
and value; consideration of basis of apportionment of value More...
CP1
Limited v Commissioner of State Revenue (Taxation) [2010] VCAT 34
Taxation List; Liability for duty under land rich landholder provisions
of Chapter 3 Duties Act 2000; Whether duty calculated by reference to
single relevant transaction requiring lodgement of acquisition notice or
by reference to previous acquisition over three year period; Duties Act
2000 as in force 1 June 2004 Sections 72, 73, 76, 78 and 80 More...
Laverton
Property Developments Pty Ltd & Anor v Commissioner of State
Revenue (Taxation) [2010] VCAT 35
Taxation
List; Liability for transfer of units in
private
unit trust under Duties Act 2000 Chapter 3; Whether apparent unit
holders actual unit holders; Whether backdated transfers to be treated
as ‘rectification’ rather than changes in beneficial interest; Whether
unit holders to be regarded as holding units on constructive trust or
ultimate acquirer; Units in unit trust deed redeemed effective second
half of 2004 pursuant to redemption agreement made 27 September 2004;
Transitional provisions on commencement of State Taxation Acts (Tax
Reform) Act 2004; Duties Act Schedule 2 Clause 20; Unit holders holding
units beneficially; No occasion for rectification; Assessment affirmed
subject to operation of transitional provisions More...
Tynan
Nominees Pty Ltd v Darebin CC & Ors [2010] VCAT 43
Victorian Civil and Administrative Tribunal Act 1998 s 119; application
of ‘slip rule’ where slip or omission arises from mistake by a party
rather than the Tribunal; whether appropriate to correct misdescription
two years after original order; correction order declined More...
Herzog
Group of Companies v Glen Eira CC [2010] VCAT 44
Planning and Environment Act 1987 s149B, ss 60(4)&(5) and 62(1)(aa);
declaration re effect and enforceability of covenant; extent of
Tribunal jurisdiction to make declaration under s149B; effect of
covenant on permit condition More...
U108
Pty Ltd v Sing Fan & Ors [2010] VSC 12
Vendor
and purchaser - Purchasers failed to complete on due date – Rescission
notices – Whether valid – First rescission notice specified wrong due
date – Second rescission notice specified correct due date, but covering
correspondence asserted that the due date specified in the first
rescission notice was correct – First rescission notice not expressly
withdrawn – Other confusing conduct by vendor as to due date for
settlement – Held: reasonable purchasers might entertain doubts as to
whether the first rescission notice was being relied upon – Rescission
notices declared invalid – Catley v Watson (1981) V Conv R 54-003;
Central Pacific (Campus) Pty Ltd v Staged Developments Australia Pty Ltd
(1998) V Conv R 54-575; Greydae Pty Ltd v Malilane Pty Ltd [2003] VSCA
27; Robinson v Becata Pty Ltd [2004] NSWSC 310 – Transfer of Land Act
1958 (Vic) Seventh Schedule, Table A, General Conditions 5, 6 More...
Haxton
& Ors v Equuscorp Pty Ltd [2010] VSCA 1
Contracts
– Investment schemes – Where investors’ loan agreements financed
acquisition of licences and leases for blueberry farming investment
schemes – Where schemes failed and investors’ interests lost – Most loan
agreements illegal and unenforceable because not severable from
transactions contravening prescribed interest provisions of the
Companies Code. Restitution and Unjust enrichment – Whether lender prima
facie entitled to restitution for total failure of consideration –
Whether investors’ retention of funds unjust – Relevance of terms of
unenforceable loan agreements – Their relationship to schemes as a whole
– Whether trial judge erred in construction of loan agreements and
factual findings – Whether action on the sole enforceable loan agreement
statute-barred. Assignment – Whether lender’s claim in restitution
assignable – Whether rights effectively assigned by deed More...
Capelli
v Shepard & Ors [2010] VSCA 2
Corporations
– Managed Investment Schemes – Where ‘plainly insolvent’ responsible
entity of registered schemes ordered to wind them up pursuant to s 601ND
Corporations Act 2001 (Cth) – Whether receivers of responsible entity
had standing to apply to wind up schemes – Whether schemes non-viable –
Whether schemes insolvent – Whether just and equitable to wind up
schemes – Whether trees on lease allotments ‘scheme property’ – Whether
scheme constitution definition of ‘scheme property’ repugnant to
statutory definition – Whether primary judge had power to vary priority
for costs orders More...