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National
Treasury boss raises the idea of anenvironment tax
22 January 2010
Australia’sSecretary to the Treasury,KenHenry, has raised theprospect of environmental taxes to protect water resources, soil qualityand biodiversity.DrHenry completed acomprehensive tax review last December but the report is yet to bepublicly released by the Federal Government More...
NSW ‘worst state’ for development approvals
21 January 2010
New South Wales has ranked equal last of all states and territories inthe fast, fair and consistent delivery of development assessments,according to new research by the Residential Development Council (RDC)and the Property Council of Australia (PCA). Scoring 6.2 out of 10,Victoria came in joint third and is “on the right track”, however, theestablishment of a Victorian planning authority to coordinate all areasof planning – tax arrangements, public transport, infrastructure andinfill development – is “the missing piece in the planning puzzle More...
Strata hold-outs forced to sell under newplan
15 January 2010
Individual apartment owners could be forced to sell their units to adeveloper if three-quarters of the other owners in their building wantto do so, under a proposal from the Australian Property Council. It hasreleased a policy paper recommending that strata title laws be changedso that if 75 per cent of owners in a strata title building vote todemolish and rebuild, they can override any opposition More...
Victoria
Median house prices rise by record $70,000
23 January 2010
The median house price hit $540,500 in the three months to December, tobe 15 per cent more expensive than the previous record of $470,000 setin the September quarter, according to the Real Estate Institute ofVictoria More...
Government moves to cut green tape
22 January 2010
The Brumby Labor Government has foreshadowed cuts to unnecessary greentape to make it easier and cheaper for Victorian businesses to meettheir environmental obligations.TreasurerJohnLenders released theVictorian Competition and Efficiency Commission (VCEC) Report, ASustainable Future forVictoria:Getting Environmental Regulation Right, as well as the Government’sresponse outlining the measures to reduce the regulatory burden More...
Print Email Share Add to My Stories
20 January 2010
New liquor licensing laws aimed at curbing alcohol-related violence inVictoriaare having the unwanted side-effect of forcing small venues to close orchange the way they do business More...
Explorers to drill down intoVictoria’ssurface
19 January 2010
Twelve companies will share in $700,000 Brumby Labor Government fundingto assist them explore for new geothermal and mineral resources More...
Melbourne Park to undergo $363m facelift
19 January 2010
Melbourne will become the first Grand Slam host in the world to boastthree undercover courts under a major redevelopment of Rod Laver Arena,with Victorian Premier John Brumby unveiled details of the $363 millionfirst stage of the redevelopment More...
Successful peninsula linkprivatepartner announced
15 January 2010
The Southern Way consortium, comprising the Abigroup,BilfingerBerger and the Royal Bank ofScotlandhas been awarded the contract to build and deliver the $759 milliontoll-free Peninsula Link project. The project is being deliveredtoll-free and the community will benefit from faster delivery andgreater innovation in its design and construction under the AvailabilityPublicPrivatePartnership (PPP) model More...
Applications for Victoria’s large-scalesolar funding to close in May
14 January 2010
Applications for up to $100 million in Brumby Government funding for anew solar power station in Victoria has been extended and will close on24 May, 2010. Brumby Labor Government has extended the deadline for bidsto give applicants the opportunity to secure matching Commonwealthfunding, available under the $1.5 billion Solar Flagship Program More...
New South Wales
PPP funding model needs an overhaul
21 January 2010
Infrastructure projects are a high-risk game, highlighted by a string ofprojects that are drowning in red ink - and controversy More...
Harbour foreshore land up for grabs
19 January 2010
Some of the most lucrative commercial property inSydney willgo on the auction block after the NSW Government said it would sell99-year leases on public assets to raise desperately needed capital fortransport, health and education. The properties, owned by the SydneyHarbour Foreshore Authority, include six big hotels, a shopping complex,amusement and tourism sites and car parks More...
$427 Million Expansion of the University ofTechnology Sydney
18 January 2010
Premier Kristina Keneally today announced approval has been given to a$427 million plan to redevelop and expand the UTS Broadway campus. Theapproval also gives the green light to construction on a $70 million,21-storey high student housing building More...
Drafting error puts rezonings in jeopardy
14 January 2010
The New South Wales Government has had to amend the Planning andAssessment Act after revelations that changes introduced in 2008 wereflawed. The original amendments contained a drafting error whichreferred to the wrong section of the Act, and had the effect ofinvalidating the local environment plans of many councils More...
Queensland
Housing affordability inQueensland predicted tofall
24 January 2010
A total of 40 per cent of the state’s master builders surveyed for arecent report said affordability was of major or critical concern forthe industry.The report said their biggest burdens were planningapproval processes and infrastructure charges. Property analyst MichaelMatusik said research from developers showed infrastructure charges inQueensland were four and five times more expensive than in southernstates More...
Toowoomba Centre Project tender awarded
20 January 2010
The successful tender for the $1 million redevelopment ofToowoombaHospital’s newbirthing centre has been announced by Deputy Premier and Minister forHealth Paul Lucas. The birthing centre’s building contract had beenawarded to Q-Build – Darling Downs following the closing of the tenderin late December More...
Social housing roll-out boostsQueensland economy
17 January 2010
A massive roll-out of social housing across the state this yearcommenced as the Bligh Government works to build more than 3000 socialhousing dwellings by the end of this year. The roll out is part of aNation Building Plan which will accommodate more than 6200 eligibleQueenslanders. The plan is pumping $ 1.1 billion from the federalgovernment into the state’s economy over three years to June 2012 andcreating 13,000 jobs More...
Declaration of the ZeroGen project
11 January 2010
ZeroGen Pty Ltd (ZeroGen) is a company incorporated under theCorporations Act 2001 and wholly-owned by the Queensland Government,which proposes to construct and operate a 400 MW (530 MW gross)commercial-scale power generation facility. The plan will integrate acoal gasification power plant with the capture and storage of carbondioxide (CO2) emissions to generate low emission base-load electricityfor the National Electricity Market More...
Media Release – Declaration of the ZeroGenproject (11 December 2009)
High-rise glass safety tests for Queensland
12 January 2010
New high-rise glass window panes will be safer when a national testchampioned by Queensland takes effect on May 1, with a new test for newhigh-rise glass window panes will be phased in over a 12-month period toallow industry to adjust. The test, for glass in all windows more than5m above floor or ground level, will become mandatory in May 2011 More...
Articles
National
Green policy watch
Source: PropertyAustralia,Dec/Jan 2010, pp76-77
Review of current legislation and regulation for green buildings, greenpolicy initiatives
The Copenhagen diagnosis, 2009: updatingthe world on the latest climate science
Author: Allison, Ian
Source: Sydney: UNSW Climate Change Research Centre,2009, pp64
Climate change (Anthropogenic); Climate change; Temperature (Climate);Carbon dioxide;
Sea levels; Intergovernmental Panel on Climate Change; Statistics;Trends, Long term
http://www.copenhagendiagnosis.org
Queensland
Registration of a plan is not establishmentof a scheme
Author:SharonChristensen
Source: Australian Property Law Bulletin, December2009, Vol 24. No 2-3, pp18-20
Ratchet clauses in retail shop leases inQueensland
Author:SarahMerrett
Source:Australian Property Law Bulletin, December 2009, Vol 24. No 2-3,pp21-23
Please sign here: disclosure statementineffective with verification
Author:KrisByrne,Kris
Source:Australian Property Law Bulletin, December 2009, Vol 24. No 2-3,pp24-25
The development approval exception to “residentialproperty” under the Property Agents and Motor Dealers Act 2000 (Qld)
Author: Lumb,Stephen
Source:Australian Property Law Bulletin, December 2009, Vol 24. No 2-3,pp26-28
Court finds solicitor in breach offiduciary duty owed to client but loss not caused by the breach
Author: Backstrom,Michelle
Source:Australian Property Law Bulletin, December 2009, Vol 24. No 2-3,pp29-32
Attention sellers – don’t jump the gun! –beware of section 22 of the Land sales Act 1984
Author:SharonChristensen,Sharon,Duncan,Bill
Source:Australian Property Law Bulletin, December 2009, Vol 24. No 2-3,pp33-37
Property Agents and Motor dealings Act warningStatements and counter offers
Author:Duncan,Bill
Source: Australian Property LawBulletin, December 2009, Vol 24. No 2-3, pp38-39
Practice notes/directions
Victoria
Draft local Fire Management Plan – CapeLiptrap Coastal Park and Waratah Bay – Shallow Inlet Coastal Reserve
The Department of Sustainability and Environment (DSE), Parks Victoria,CFA and South Gippsland Shire have worked together to develop a draftlocal Fire Management Plan for Cape Liptrap Coastal Park and Waratah Bay– Shallow Inlet Coastal Reserve. This plan covers the townships ofVenusBay, Walkerville (North andSouth), Promontory View,WaratahBay andSandyPoint. Theconsultation period for public comment ends on 29th of January 2010 More...
Proposed Accessibility Features for All NewHousing & Apartments (Vic)
11 January 2010
The Government has released a Regulatory Impact Statement (RIS)outlining details of building requirements for all new houses, villas,townhouses and apartments.
Changes to the regulation ofVictoria’sextractive industries
Since 1 January 2010,Victoria’sextractive industries are now regulated under the Mineral Resources(Sustainable Development) Act 1990 (MRSDA). Information about newsection 77T and the changes including planning permit exemptions isavailable at www.dpi.vic.gov.au
Special Gazette 23 December 2009
Amendment VC64 Amends Clause 52.27 - Licensed Premises to remove therequirement for a permit where the change in a liquor licence is solelyas a result of the changes to the licence categories to be introduced on1 January 2010.
Public consultation on accessibilityfeatures in housing
The Victorian Government has released a Regulatory Impact Statement(RIS) that examines approaches to increase the supply of accessiblehousing inVictoria. Acopy of the RIS and information on how to make comment is availableonline. The deadline for comments is 5.00 pm, 5 March 2010.
New bushfire provisions for publicbuildings
Ministerial Direction No. 3 - Bushfire Provisions for Buildings of aPublic Nature has been approved and comes into effect on 1 February2010. It applies to all construction undertaken by Victorian Governmentdepartments and agencies.
ModernisingVictoria’sPlanning Act: DraftBill for comment
The draft Planning and Environment Amendment (General) Bill 2009 hasbeen released for public comment. It sets out the proposed amendments tothe Planning and Environment Act 1987. Comments on the draftBill must be made in writing byFriday 12 February 2010.
StatePlanning Policy Framework (SPPF) review
The SPPF has been modernised with new themes and an improved structure.Comments on the draft restructure are invited to be made by 2 February2010.
New South Wales
Draft Local Development ContributionsGuidelines
15 January 2010
The Department of Planning has prepared draft Local DevelopmentContributions Guidelines to replace the existing Practice Notes (issued2005) and a Policy Statement on Development Contributions. TheGuidelines and Policy Statement will assist councils and industry inunderstanding the implementation of the new Part 5B of the EnvironmentalPlanning & Assessment Act 1979.
Queensland
Queensland Magistrates Court: Practice Direction
14 January 2009
The Queensland Magistrates Court has made available Practice DirectionNo. 1 of 2010: Uniform Civil Procedure Rules 1999 setting out a numberof approved entities pursuant to the Uniform Civil Procedure Rules 1999No. 111 (Qld)
Queensland Planning Provisions
The Sustainable Planning Act 2009 (SPA) allows for the Minister to makestandard planning scheme provisions (QPP)to provide a clear andconsistent framework for planning schemes in Queensland, assist theimplementation of state, regional and local policies affecting land useand development and assist in the integration of state, regional, localand community expectations for planning scheme areas. View theQueensland Planning Provisions version 1.0 (1.8 MB).
QueenslandSustainability declaration
A reference guide containing practical examples, diagrams and picturesalong with a fact sheet to assist in the completion of thesustainability declaration is now available.
Sustainabilitydeclaration.
New Queensland building laws from 1 January 2010
From 1 January 2010, new regulations come into effect that:
-mandate the completion of a sustainability declaration before a house,townhouse (class 1) or unit (class 2) is marketed for sale-mandateexisting houses and townhouses (class 1 buildings) located in areticulated natural gas area to install a greenhouse efficient hot watersystem (i.e. gas, solar or heat pump) when an existing electricresistance hot water system needs replacing-mandate electricitysub-metering in multi-residential (class 2) and office (class 5)buildings prohibit new and some existing covenants and body corporateby-laws from banning certain design and energy efficient features orfixtures of a house, townhouse (class 1a buildings), unit (class 2buildings) or enclosed garages (class 10a building). www.dip.qld.gov.au
Cases
Victoria
Verve501 Pty Ltd v Owners Corporation 1Plan No 512424P & Ors (Real Property) [2009] VCAT 2400
Application to strike out proceedings as vexatious – Victorian Civil andAdministrative Tribunal Act 1998 s. 75 - proceeding must be manifestlyhopeless – Owners Corporation Act 2006 s. 18(1) – owners corporationmust be authorised by a special resolution to bring legal proceedings –Counterclaim – whether separate proceedings – whether special resolutionrequired – no requirement for special resolution where proceedings areto recover fees or other money or enforce rules – most of counterclaimpurporting to be to enforce rules – not appropriate to strike out thatpart of the counterclaim – balance of counterclaim claiming damages forbreach of fiduciary duty - no special resolution obtained – that part ofthe counterclaim struck out – open to Respondents to raise similarissues by way of defence – leave given to amend defence and counterclaimMore...
Rozen v Macedon Ranges SC (includesSummary) (Red Dot) [2009] VCAT 2746
Reasons why decision is of interest or significance law – issue ofinterpretation or application - Interpretation and application of theprecautionary principle Policy – interpretation or application of policyPlanning 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 AustralianDrinking Water Guidelines – planning policy relating torural/agricultural issues and land management practice More...
Segment Woods Pty Ltd v Brockbridge Pty Ltd& Ors [2009] VCC 1531
Landlord and tenant – Lease – permitted use – office warehouse withfactory - direct to public sales – whether premises were retail premises– nature of tenant’s use of premises – eBay sales – whether disputebetween landlord and tenant within the exclusive jurisdiction of theVictorian Civil and Administrative Tribunal – Lease expiring due toeffluxion of time – Order for possession: Retail Leases Act 2003 (Vic) More...
Sargood (Vic) Pty Ltd v SwitzerlandInvestments Pty Ltd & Anor [2009] VSC 577
Sale of land – Contract of Sale – time of the essence – purchaser failedto pay substantial instalment of price –vendor’s rescission – whetherfailure excused by reason of vendor’s breach – purchaser seeks specificperformance – whether purchaser ready and willing to perform itsobligations – relief against forfeiture More...
Glensborough Estate Pty Ltd & Anor vFrajman & Ors [2009] VSC 591
Property - Removal of caveats from title – Caveatable interest held bylessee terminated on termination of lease – Goldstraw v Goldstraw [2002]VSC 491 - Zampichelli v Zampichelli [2009] VSC 489 - Pyrenees VineyardManagement Limited v Frajman (2008) 69 ACSR 95 - Transfer of Land Act1958 ss 89, 90 - Supreme Court (General Civil Procedure) Rules 2005 r6.02 More...
Marina Cove Pty Ltd (rec’s & m’gersapp’td) v Pearl Hill Pty Ltd & Ors [2009] VSC 621
Real property – Removal of caveats - Large residential project –Building contract between developer and builder – Disputes arising –Heads of agreement entered into to settle disputes – Including provisionfor acquisition by builder of certain proposed lots – Further disputes -Caveat lodged by builder - Heads of agreement thereafter terminated bybuilder’s acceptance of alleged repudiation - Developer later goes intoreceivership and administration – Further caveats lodged by companiesassociated with builder based on disputed contracts of sale -Application by developer for removal of caveats – No relevant accruedrights – No relevant estoppel - Caveators unable to establish seriousquestion to be tried as to continuing proprietary rights in the land –Caveats ordered to be removed More...
Australian Leisure and Hospitality GroupLtd v Trust Company Fiduciary Services Ltd [2009] VSC574
Lease – Construction of terms – Development rights – requirement toexplain and detail proposed use – Whether the development proposalrequired a response – Valuation methodology – Whether valuer must beagreed between the parties More...
Port of Portland Pty Ltd v State ofVictoria [2009] VSCA 282
Land tax – Sale of assets and business of the Port of Portland Authority– Agreement by the State of Victoria with the purchaser to effectamendments to land tax legislation to exclude the value of certainproperty from assessments and to repay tax paid if the amendments werenot made – Amendments did not exclude the property from assessment –Claim for repayment of land tax – Agreement operated as a dispensationfrom the obligation to pay land tax and as a consequence was invalid –Agreement not authorised by Parliament – No entitlement to damages forfailure to amend the statute – Costs – Calderbank letter – Partysucceeding on a point raised for the first time at trial – Trial judge’sdiscretion as to costs did not miscarry More...
Kravchenko v The Rock Building Society[2009] VSCA 292
Mortgages – Power of sale – Duties – Good faith – Best price consistentwith entitlement to security –Privatesale to employee of solicitor acting for the mortgagee – Mortgageefailed to fully test the market – Sale price less than best priceavailable for the land – Damages awarded against the mortgagee More...
LaFontaine v La Fontaine [2009] VSCA 305
Contract – Repudiation –Sale of units in unit trust –Agreed purchase price $120,000 – Appellant withheld $5,000 – Whetherconduct evinced intention not to perform contract – Repudiationestablished – Appeal dismissed More...
1144 Nepean Highway Pty Ltd v AbnoteAustralasia Pty Ltd [2009] VSCA 308
Contract — Construction of dispute resolution clause — Meaning of‘appoint’ — Distinction between ‘appoint’ and ‘nominate’ — Appointmentof independent expert by independent third party — Binding nature ofappointment — Terms of appointment — Objection to expert’s terms —Indemnity and release — Implied term that the terms of the expert’sengagement be ‘reasonable’ — Certainty of terms — Injunction to compelengagement of expert. More...
Queensland
State of Queensland v Springfield LandCorporation (No 2) P/L & Anor [2009] QCA 381
Real property – compulsory acquisition of land – compensation –assessment – adjoining land – where appellants held parcel of landdivided into lots – where respondents compulsorily acquired land held bythe appellants for road purposes – where amount of compensation payableunder s 20(3) of the Acquisition of Land Act 1967 (Qld) referred toarbitration – where arbitrator found that land taken to effectrealignment of transport corridor – where arbitrator found value ofappellants’ land not enhanced by that taking – where arbitrator foundland adjoining land taken limited to appellants’ lots or parts of lotsimmediately adjacent to land taken – where judge held arbitrator erredin law and made findings favourable to respondents – whether arbitratorerred and, if so, whether errors were errors of law amenable tocorrection on appeal More...
Davidson & Anor v Bucknell & Ors[2009] QCA 383
Conveyancing – breach of contract for sale and remedies – vendor’sremedies – rescission or termination – pursuant to condition givingright to rescind or terminate – where respondents agreed to sellappellants three separate parcels of land by way of three separatecontracts – where first contract settled and further two contractsprovided for contemporaneous settlement – where appellants did not havefinancial ability to complete further two contracts – where respondentspurported to terminate further two contracts – where appellants refusedto accept purported termination on ground that respondents were not inposition to perform under contracts – where respondents’ chattelsremained on one parcel of land and fixed and floating charge attached toother parcel of land – whether respondents entitled to rescind twofurther contracts More...
Viridian Noosa Pty Ltd v NeumannContractors Pty Ltd [2009] QSC 398
Arbitration – the submission and reference – submission as a ground forstay of proceedings – stay of proceedings – where application to stayproceedings under s 53 Commercial Arbitration Act 1990 – whether partiesentitled to litigate despite arbitration clause in contract More...
Herriott Services Pty Ltd v Creevey [2009]QSC 419
Real property – torrens title – indefeasibility of title –exceptions to indefeasibility – fraud or forgery – where applicant seeksrectification of the title to the property in the freehold landregister – where applicant seeks to be restored as the registered owner –where respondent relied on a deed of compromise alleged to have beensigned by the sole director and shareholder of the applicant to signtransfer of the property on behalf of the applicant – where signaturesof the sole director and shareholder of the applicant on the deed ofcompromise were forged – where the transfer of the property from theapplicant to the respondent was registered as a result of the fraud ofthe respondent More...
Body Corporate for One The EsplanadeCommunity titles Scheme 14060 v Chief Executive of the Department ofEnvironment and Resource Management [2009] QSC 423
Administrative law – judicial review – irrelevant considerations – errorof law – Where applicant retained a management company to manage itsaffairs – Where management company was acquired by another managementcompany – Where new management company did not notify the ChiefExecutive of Land Valuations of its change of address – Whereredirection service established to direct mail from old to newmanagement company – Where a valuation notice sent to the old managementcompany – Where applicant claims the valuation notice was not received –Where applicant lodged objection to notice after expiry of objectionperiod – Where respondent rejected the objection for being out of timebut agreed to consider the matter under s 28 – Where respondent found noalteration to the valuation was warranted – Where applicant lodged anappeal – Where respondent agreed to consider matter pursuant to s 44(2) –Where respondent not satisfied that the failure to lodge a timelyobjection was through no fault of the applicant – Where applicant bringsapplication for judicial review – Whether the respondent made a mistakeof law - Whether the respondent took into account irrelevantconsiderations More...
May & Anor v Redland Shire Council (No2) [2009] QPEC 137
Directions for further consideration where parties propoundedalternative plans as the basis for a possible future reconfigurationconsequent upon the court’s intimating that a material change of useshould be approved More...
Legislation
National
NationalGreenhouse and Energy Reporting (Audit) Determination 2009
This Determination provides for the requirements to be met by registeredgreenhouse and energy auditors in preparing for and carrying outgreenhouse and energy audits (06/01/2010) More...
Offshore Petroleum and Greenhouse GasStorage (Safety Levies) Regulations 2004
LegislativeInstrument Compilation (current) - F2010C00038 (04/01/2010) More...
Petroleum (Submerged Lands) (Pipelines)Regulations 2001
LegislativeInstrument Compilation (current) - F2010C00019 Number: SR 2001 No. 314(05/01/2010) More...