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Latest news

National

Stakeholders criticise marine reserve proposal
11 July 2010
Federal Environment Minister Peter Garrett says the Government has not yet decided which industries could be excluded from areas of its proposed marine reserves. The Government has set a 2012 deadline for establishing a series of protected marine areas off northern Australia. More...

Australian cities breaking through the barriers to urban density
5 July 2010
The chief executive of the Green Building Council of Australia says our cities are in transition and the frameworks of the past are no longer working. The KPMG’s Spotlight on Australian Cities report, released in conjunction with BEMP clearly pointed to federal and state planning systems that cannot cope. More...

Green Loans transition to Green Start
8 July 2010
The Green Loans program will be phased out in the coming months and will transition to a new Green Start program, delivered through Commonwealth grants in two rounds. In the first round, the Commonwealth will fund the delivery of energy assessments for households and in the second round, the Government will seek proposals from community and welfare sector NGOs. Applications for funding under both of these rounds will open later this year. More...

Government dumps Green Loans after scathing reports
8 July 2010
Climate Change Minister Penny Wong is to dump the Government’s Green Loans scheme, after three scathing independent reports exposed extensive mismanagement. The reports found widespread lack of compliance with government regulations on procurement, absence of effective program supervision and poor financial controls for the program. More...

Businesses to go carbon neutral
7 July 2010
The Federal Government has announced a new Carbon Neutral Program, administered by the Australian Carbon Trust, which will allow businesses to certify their products, services or operations as carbon neutral. The National Carbon Offset Standard commenced on 1 July 2010 and aims to provide national consistency and consumer confidence in the voluntary carbon market. More...

Indigenous leaders not sold on native title changes
5 July 2010
Indigenous leaders and native title experts have branded plans to change Australia’s native title rules as paternalistic and racist. On Friday, the Federal Court recognised Australia’s largest native title claim, granting Torres Strait Islander traditional owners 40,000 square kilometres of ocean between Cape York and Papua New Guinea. On the same day the Federal Government released a discussion paper on changing the Native Title Act. More...

States under pressure to speed permits process
7 July 2010
Developers across the country are increasing the pressure on their respective state governments to speed up the application process for projects as the sector gains momentum with the improving economy. Victoria is leading the way to streamline development applications but the process is very slow, according to international property and development consultants Davis Langdon. More...

Victoria

Suburb is on the nose
10 July 2010
The entire hamlet of Killara and about 600 defence workers are too close to an organic recycling and composting plant, says Victoria’s environmental watchdog. The EPA has imposed a 1500- metre buffer zone around the Greenchip Recycling plant near the Bandiana saleyards based on the quantity and quality of the manure and food waste being processed. More...

Docklands’ planning controls to be shared
8 July 2010
The City of Melbourne is set to take control of developed areas of the Docklands. The new arrangement will see the council taking over responsibility for areas including Harbour Town, Victoria Harbour, Waterfront City and the stadium precinct. The Government, through VicUrban, will continue to run the undeveloped areas of Docklands. More...

$80 Million retail expansion in Ringwood is fast-tracked
8 July 2010
Planning Minister Justin Madden today called-in from VCAT a proposal for the $80 million redevelopment of the Ringwood Market Site at the corner of Bond and Market Streets. Mr Madden said the proposed development could provide a major injection into the local economy offering around 17,800 square metres of new retail floorspace and 12,400 square metres of office space. More...

Tenders called for freight infrastructure charge
7 July 2010
The Victorian Government has short-listed five companies to deliver the Freight Infrastructure Charge collection service at the Port of Melbourne, Acting Roads and Ports Minister Peter Batchelor announced today. Mr Batchelor said following the recent Expressions of Interest process, the five companies were now required to tender to implement and deliver the collection service. More...

Vic councils to set up economic development grouping
8 July 2010
Five councils in the Barwon South West region will create a regional economic development strategy as part of a Brumby Government scheme to boost rural and regional economies. The strategy will include the City of Greater Geelong, Surf Coast Shire, Colac Otway Shire, Golden Plains Shire and the Borough of Queenscliffe. More...

Developers face off in South Yarra war of the high rises
6 July 2010
A Battle between two powerful developers over the height of a South Yarra skyscraper is to be settled behind government doors today, amid growing fears that planning in Victoria is increasingly out of control. More...

Victoria leads the way on public and private building
6 July 2010
Victoria is leading the nation in helping people into housing, with the Victorian Government exceeding its targets for public housing and the private building sector continuing to perform very strongly. Mr Brumby said that under the Gillard Labor Government’s record $1.2 billion Nation Building investment, Victoria has delivered 746 homes to date, and is on track to deliver 4500 new homes by 2012, exceeding the target by 572 homes. More...

$260 Million regional infrastructure boost begins today
2 July 2010
A record $260 million top-up for regional infrastructure support from the Brumby Labor Government begins this month, in a sign the Government’s $631 million Ready for Tomorrow: A Blueprint for Regional and Rural Victoria is already creating greater prosperity and more opportunities for regional communities. More...

Development plan for landmark Kodak site unveiled
2 July 2010
Planning Minister Justin Madden has handed back planning controls for the Kodak site in Coburg to Moreland City Council after approving the master plan for the development. Mr Madden said approval of the master plan followed the decision last year to rezone the site and require the developer to prepare a master plan before any individual planning permits were granted or subdivision could take place. More...

Planning delays add $50k to Melbourne homes
28 June 2010
New research shows planning delays are adding an average of $50,000 to the cost of a new home in outer suburban Melbourne. A survey by the Master Builders Association indicates builders are waiting an average of 29 weeks to secure a planning permit in the outer suburbs. More...

Forum says Government denies right to know rip off
28 June 2010
Experts at a Victorian forum on infrastructure project evaluation said risks of poor quality assessments in general are compounded by the fact that there is little transparency in project appraisal. There is no jurisdiction that systematically publishes cost benefit analyses and with PPPs, commercial confidentiality is used to limit disclosure. More...

$2 Million to strengthen and support green plumbing
1 July 2010
Premier John Brumby has announced $2 million over three years to develop Victoria’s green plumbing skills and help tackle climate change. Visiting the Plumbing Industry Climate Action Centre in Brunswick, Mr Brumby said the funding boost would expand the PlumbSmarter program to include incentives for plumbers to recommend and install sustainable plumbing fixtures. More...

Irrigation upgrades secure water for environment
1 July 2010
The health of the Macalister River and Gippsland Lakes will receive a boost with the Brumby Government creating a new legal entitlement for environmental flows. The $28 million project, jointly funded by the Australian Government ($20 million), and the Victorian Government’s Victorian Water Trust ($8 million), is being managed by Southern Rural Water. More...

New South Wales

Balranald local environmental plan approved
9 July 2010
A new local environmental plan (LEP) has been approved for Balranald Shire to meet the area’s housing and employment needs and protect its high value natural environments. The council’s plan also implements the recommendations of the Balranald Strategic Framework Plan, endorsed by the Department of Planning in May, which identified the land releases which have been zoned in the plan. More...

Upper Lachlan Shire local environmental plan approved
9 July 2010
The NSW Government has approved a new council-wide plan for the Upper Lachlan Shire to meet the area’s housing needs and protect agricultural assets. Minister for Planning, Tony Kelly, said that, in line with the Government’s Sydney-Canberra Corridor Regional Strategy, the LEP would strengthen the role of existing townships by enabling infill development within these settlements. More...

NSW to build defence industry tech hub
7 July 2010
The NSW Government is seeking tenants and developers for a 3.9-hectare Defence Industry Technology Hub to be built in the northern Sydney suburb of Macquarie Park. Valued at $50 million in 2008, the Government-owned land will be developed to house systems integrations, communications, electronics, avionics and other technology projects. More...

NSW councils oppose state planning proposals
6 July 2010
NSW councils have raised concerns with a proposal announced by the State Government that allows developments in small lots to be approved in 10 days with no consultation. More...

NSW floats fast-track development plans
5 July 2010
The NSW government has launched new plans designed to make it easier to build and make alterations to relatively small homes. State planning minister Tony Kelly published a discussion paper outlining the proposal to extend the NSW Housing Code, allowing developers of small properties to use the fast-track 10-day approval process. More...

Queensland

Qld dudded with forestry sales
10 July 2010
Prof Bacon, who is adjunct professor with Griffith University’s Environmental Futures Centre, said the state’s forestry assets appear to be going at bargain basement prices. He was commenting on the government’s announcement of the big asset sale program, which has alienated public service unions and members, including many senior ALP supporters. More...

Rail Corporation takes stake in Queensland Rail bid
9 July 2010
The federal government has stepped up its battle with Queensland over the privatisation of Queensland Rail. The Australian Rail Track Corporation has confirmed that it would be take up equity in Queensland Coal Industry Rail Group, a group of miners that has offered $4.85 billion for the Queensland coal railways ahead of QR’s privatisation later this year. More...

Governments are building Cairns’ transport future
7 July 2010
The federal and state government has released a thirty year transport blueprint for Cairns. The master plan establishes the multimodal corridor needs in the region and provides a degree of certainty to landholders and developers about which corridors are no longer on the table. More...

Eagle Junction set for $10 million make-over
7 July 2010
The Government has announced the largest station clean-up blitz in Queensland Rail’s 145-year history will start with a $10 million revamp of Eagle Junction “from the ground up”, Transport Minister Rachel Nolan said the station renovation is part of the $200 million allocated in the 2010/11 Budget to upgrade one third of stations across the SEQ network. More...

Community to Shape the future of the Yeerongpilly TOD
6 July 2010
Minister for Infrastructure and Planning Stirling Hinchliffe said residents could nominate to act as Community Planning Representatives (CPRs) and help guide the joint State Government and Brisbane City Council (BCC) initiative. TODs are mixed-use precincts built walking distance from public transport that allow people to live, work and play closer to central Brisbane with reduced reliance on cars. More...

Court decision could throw council rates ‘upside down’
5 July 2010
The Local Government Association of Queensland (LGAQ) says a landmark court decision has thrown many regional council budgets in the state into uncertainty. The Court of Appeal has upheld a complaint from several mining companies, including Xstrata, about their rate bills. It ruled the former Bowen Shire Council should not have put mining companies in a different rating category because of their capacity to pay more. More...

Newstead Circle development application approved by Council
5 July 2010
Watpac Property’s Newstead Circle on the Park project has recently received Preliminary Approval from the Brisbane City Council. The Preliminary Approval allows future Code Assessable applications with plot ratios of 2.85 and heights up to seven storeys on the 20,000m2 site. The approval allows future Code Assessable-applications to include retail, office space, restaurants, medical centres, emergency services facilities, car parking, cinemas, or child care facilities, among others. More...

Articles

National

Towards a city strategy: national urban policy submission
Author: [Sydney]: Council of Capital City Lord Mayors, 2010; pp12
Cities and towns; Town planning; Urban renewal; Sustainable development; Federal state relations; Federal local government relations. More...

A critique of the economic theory and modelling underlying the Australian resource super profits tax proposal
Author: Neubig, Thomas S, Cline, Robert J, Ernst & Young, 2010; pp15
Resource rent tax; Mining industry; Tax policy; Economic impact; Economic theory; Economic models; Foreign investment. More...

A tenant in the building is worth two in the bush: dealing with corporate tenants who are insolvent
Author: Cameron Cheetham, David Greenberg
Source: Australian Business Law Review, 2010, Vol 38 No 3, June, pp150-160

Government releases Native Title Discussion Paper
2 July 2010
The Australian Government has released a discussion paper for consultation on possible reforms to the native title agreement process. The Government is committed to ensuring that benefits from native title agreements flow to current and future native title holders. The Discussion Paper outlines a number of key options. More...

New Federal Carbon Neutral Program
7 July 2010
The National Carbon Offset Standard commenced on July 2010, allows businesses to certify their products, services or operations as carbon neutral. The Carbon Neutral program replaces the carbon neutral component of the Greenhouse Friendly program, which ended on 30 June 2010. More... More...

Practice notes/directions

National

Government releases Native Title Discussion Paper
2 July 2010
The Australian Government has released a discussion paper for consultation on possible reforms to the native title agreement process. The Government is committed to ensuring that benefits from native title agreements flow to current and future native title holders. The Discussion Paper outlines a number of key options. More...

Victoria

Introducing the Transport Integration Act 2010
The Transport Integration Act 2010, Victoria’s new principal transport legislation, comes into effect on 1 July. The focus is ensuring a sustainable and integrated transport system. The Act requires all agencies responsible for land-use planning to take into account the new Act when making decisions that will impact on the transport system. More...

New regulations improve caravan park standards
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010 came into effect on 27 June 2010. The regulations provide for safety and amenity in caravan parks. Read the media release or find more information. More...

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010
Proclamation of Part 1 and sections 3, 4 and 5 of the Act was gazetted and came into operation on 8 June 2010. Proclamation of the remaining provisions of the Act was gazetted on 25 June to come into operation on 1 July 2010. More...

New South Wales

Proposal to Expand 10-Day Approval Process on Exhibition
Community feedback is being sought on NSW Government plans to slash approval times for new homes and home extensions on small lots by up to 190 days, while retaining neighbourhood privacy and amenity. Minister for Planning, Tony Kelly, has released a discussion paper outlining proposed improvements to the NSW Housing Code which is on public exhibition from 5 July-6 August, 2010. More information can be found at www.planning.nsw.gov.au/housingcode while submissions can be lodged by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by writing to Special Projects, Department of Planning (05 July 2010) Proposal to Expand 10-Day Approval Process on Exhibition. More...

Queensland

State Planning Instruments Program
1 July 2010
The State Planning Instruments Program commenced on 1 July 2010 and establishes an ongoing program for articulating state interests through state planning instruments. The program provides for an annual review of priorities and progress and assists the community, local government and the development industry by providing advanced notice of the government’s position on planning and development issues. More...

Queensland Land Regulation 2009 - Application fee changes
New conditions of the Land Regulation 2009 will come into effect on 1 July 2010 with regard to fees for applications under the Land Act 1994. Fees for applications made under the Land Act 1994, have been revised as part of a review of the Land Regulation 1995, required under the Statutory Instruments Act 1992. Schedule 11 of the Land Regulation 2009 sets out the prescribed fees. More...

Legislation

Commonwealth

Legislative instruments

Renewable Energy (Electricity) Amendment Regulations 2010 (No. 4)
9 July 2010
Legislative Instrument - F2010L01954 Number: SLI 2010 No. 204
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to provide for additional renewable energy certificates to be created in relation to off-grid small generation units consistent with section 23B of the Renewable Energy (Electricity) Act 2000 and define alumina refining as an emissions-intensive trade-exposed activity. More...

Renewable Energy (Electricity) Amendment (Transitional Provision) Regulations 2010
9 July 2010
Legislative Instrument - F2010L01953Number: SLI 2010 No. 205
These Regulations provide transitional arrangements for air source heat pumps with a volumetric storage capacity of 425 litres or greater which would otherwise no longer be eligible to create renewable energy certificates. More...

Australian Radiation Protection and Nuclear Safety Regulations 1999
Number: SR 1999 No. 37 More...

Native Title (Tribunal) Amendment Regulations 2010 (No. 1)
Number: SLI 2010 No. 170
These Regulations amend the Native Title (Tribunal) Regulations 1993 to increase the application fee in the Native Title Tribunal. More...

Native Title (Tribunal) Regulations 1993
Number: SR 1993 No. 380
More...

National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2010 (No. 1)
This Determination amends the National Greenhouse and Energy Reporting (Measurement) Determination 2008. More...

Independent Contractors Regulations 2007
Number: SLI 2007 No. 23
More...

Acts

International Arbitration Amendment Act No 97 of 2010
An Act to amend the law in relation to international arbitration, and for related purposes. More...

Building Energy Efficiency Disclosure Act No 67 of 2010
An Act to promote the disclosure of information about the energy efficiency of buildings, and for related purposes. More...

Renewable Energy (Electricity) Amendment Act No 69 of 2010
An Act to amend the Renewable Energy (Electricity) Act 2000, and for related purposes. More...

Victoria

Statutory Rules made

Subordinate Legislation (Magistrates’ Court General Regulations 2000
Extension of Operation) Regulations No 64 of 2010
Date of Making: 6/07/2010 Commencement: 06/07/2010
Not yet in operation: N/A Sunset Date: 12/07/2011: reg. 4

Heritage (Infringement Notice) Amendment Regulations No 65 of 2010
Date of Making: 6/07/2010 Commencement: 06/07/2010
Not yet in operation: N/A Sunset Date: 06/07/2020

Country Fire Authority Amendment Regulations No 66 of 2010
Date of Making: 6/07/2010 Commencement: 10/07/2010: reg. 3

Proclamations

Parks and Crown Land Legislation (Mount Buffalo) Act No 35 of 2010
Assent: 15/06/2010 SG (No. 217) 15/6/2010 p. 1
Commencement: Ss 1-8, 14, 15, 19-25 on 08/07/2010: GG 8/7/2010 p. 1518

Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act No 23 of 2010
Assent: 1/06/2010 SG (No. 200) 1/6/2010 p. 1
Commencement: Pt 1 (ss 1, 2), ss 3-5 on 08/06/2010: SG (No. 212) 8/6/2010 p. 1
Ss 6-33 on 01/07/2010: SG (No. 242) 25/6/2010 p. 1
Not yet in operation: N/A

Parks and Crown Land Legislation Amendment (River Red Gums) No 82 of 2009
Assent: 8/12/2009 SG (No. 454) 8/12/2009 p. 1
Commencement: Ss 1-4, 13-16, 25, 34, 35, 37-41, 43 on 01/01/2010: GG 17/12/2009
p. 3338 Ss 5-12, 17-24, 26-32, 42(1)(4) on 29/06/2010: GG 24/6/2010 p. 1274
Ss 33, 36 on 01/07/2010: GG 1/7/2010 p. 1359

Energy and Resources Legislation Amendment Act No 57 of 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
Ss 25-27, 29, 42 on 30/06/2010: SG (No. 255) 30/6/2010 p. 1
Not yet in operation: Ss 6-8, 12, Pt 8 (ss 33, 34), ss 43, 44

Statutory Rules

Mineral Resources Development (Mining) Amendment Regulations No 56 of 2010
Date of Making: 30/06/2010 Commencement: 30/06/2010
Not yet in operation: N/A Sunset Date: 30/06/2020

Forests (Fire Protection) Amendment Regulations No 57 of 2010
Date of Making: 30/06/2010 Commencement: 01/07/2010: reg. 3
Not yet in operation: N/A Sunset Date: 30/06/2020

Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations No 58 of 2010
Date of Making: 30/06/2010 Commencement: 01/07/2010: reg. 3
Not yet in operation: N/A Sunset Date: 30/06/2020

Zoological Parks and Gardens Amendment (Fees) Regulations No 59 of 2010
Date of Making: 30/06/2010 Commencement: 01/07/2010: reg. 3
Not yet in operation: N/A Sunset Date: 30/06/2020

National Parks (Fees and Charges) Amendment Regulations No 60 of 2010
Date of Making: 30/06/2010 Commencement: 01/07/2010: reg. 3
Not yet in operation: N/A Sunset Date: 30/06/2020

Queensland

Acts

Building Energy Efficiency Disclosure Act No 67 of 2010
An Act to promote the disclosure of information about the energy efficiency of buildings, and for related purposes. More...

Cases

Victoria

Re Environinvest Ltd (No3) [2010] VSC 301
Commercial and equity – Managed Investment Scheme– Winding up by a person appointed under s 601NF(1) of the Corporations Act 2001 (Cth) – Conflict of duty – Person appointed to wind up the schemes also the liquidator of the responsible entity – Directions in winding up under s 601NF(2) of the Corporations Act. More...

Pattas v Stonnington CC (Land Valuation) [2010] VCAT 754
The Application for Review is allowed. Council valuation as at 1 January 2008 is amended to be as follows: $1,250,000 Site Value. 1,998,000 Capital Improved Value $99,900 Net Annual Value. More...

Guastalegname v One Ten Enterprisers Pty Ltd (Retail Tenancies) [2010] VCAT 800
Application for summary dismissal – section 75 Victorian Civil and Administrative Tribunal Act 1998 – relevant factors – sections 15, 17, 26, 54, 77, 80 and 92 Retail Leases Act 2003 – section 142 Property Law Act 1958. More...

Lend Lease Primelife Limited v Knox CC [2010] VCAT 756
Section 82 Planning and Environment Act 1987 – Comprehensive Development Zone - change of use – condominiums to dwellings – impact on orderly planning of area – access to social infrastructure – piecemeal application. More...

Carrum Sailing Club Inc. v Kingston CC [2010] VCAT 755
Sections 80 and 82 of the Planning & Environment Act 1987; Kingston Planning Scheme; Mixed Use Zone; DDO1; DDO7; Foreshore Location; Restaurant/Functions; New Sailing Club; Car Parking; Visual Bulk; Building Scale and Design; Impacts on Amenity. More...

Miao v Warsame (Retail Tenancies) [2010] VCAT 955
Retail Leases Act 2003 – four informal lease documents – requirement for Tenant to pay outgoings – whether disclosure statement given - credit of witnesses - Tenant failing to pay outgoings despite demands by Landlord – no recovery action taken by Landlord to enforce payment - further lease documents signed also requiring Tenant to pay outgoings - Landlord demanding payment of outgoings but no payment made – Landlord suing to recover outgoings over preceding eight years – no estoppel – recovery allowed except where claim barred by Limitation of Actions Act 1958. More...

Dawson v Gallant Valley Pty Ltd (Real Property) [2010] VCAT 958
Enforcement of Terms of Settlement – agreement to pay a percentage of a valuation of certain land – advance amount to be paid before valuation and balance to be paid when valuation received - advance amount paid but valuation less than expected – agreed percentage less than advance amount – application to reinstate proceeding and seek order to recover overpayment – order made. More...

Australvic Finance Pty Ltd v Elcheikh & Ors (Retail Tenancies) [2010] VCAT 956
Creation of lease – whether there was a concluded lease or agreement for lease – whether there was a tenancy at will only – finding that there was a parol lease – terms of the lease – variation of lease to include landlords’ promise to perform work – whether the obligation to pay rent depended upon performance of that promise. Assignment – whether an express assignment of lease to applicant – whether assignment by estoppel. Repudiation – termination of lease by repudiation and acceptance. More...

Alpine SC v Moschis [2010] VCAT 1088
Section 114 Planning and Environment Act 1987 – removal of native vegetation without a permit - Clause 52.17 Alpine Planning Scheme. More...

Lazzcorp Developments Pty Ltd v Stonnington CC & Ors [2010] VCAT 1081
Residential 1 zone, Apartments, 4 storeys, policy, neighbourhood character, visual bulk, level of development, Vicroads, traffic, car parking, internal amenity. More...

Staff v Moonee Valley CC [2010] VCAT 1067
Section 80 of the Planning & Environment Act 1987; Moonee Valley Planning Scheme; Residential 1 Zone; Double Storey Dwelling; Residential Design Guidelines; Strathmore; Existing Streetscape Character; Side Setback. More...

Wyndham CC v Gateway Tarneit Pty Ltd [2010] VCAT 1065
Council required to make a $20,000.00 contribution towards the total costs incurred by Gateway Tarneit Pty Ltd with the Section 87 Application. More...

Queensland

Casagrande Investments Pty Ltd v Redland City Council & Ors [2010] QPEC 054
Planning and environment – tendering of expert report – requirement of early notification subject to court order – tender on morning of trial of report of expert whose engagement had not been notified in accordance with directions. More...

Perpetual Trustee Company Limited v Aspley Specialist Centre Pty Ltd & Anor [2010] QSC 232
Procedure – supreme court procedure – queensland – procedure under rules of court – summary judgment – where the plaintiff agreed to lease parts of a premises which it owns to the defendants – where the defendants were obliged to provide a bank guarantee of the performance of the lease – where the parties agreed that failure to provide the bank guarantee would result in the defendants being liable to pay the plaintiff a set amount – where the defendants purported to terminate the lease and did not provide the bank guarantee – whether the plaintiff is entitled to summary judgment for the set amount. Procedure – supreme court procedure – queensland – procedure under rules of court – transfers and consolidations – where the plaintiff agreed to lease parts of a premises which it owns to the defendants – where there was a lease for part of the first floor of the premises and a separate lease for part of the ground floor of the premises – where the first proceedings was for rent owing for the first floor premises and the second proceedings was for rent owing for the ground floor premises – whether the proceedings should be consolidated. Contracts – general contractual principles – construction and interpretation of contracts – penalties and liquidated damages – general principles – where the defendants acknowledged that they owed the plaintiff a certain amount of money – where the plaintiff agreed to accept a lesser sum than the amount acknowledged to be owing if the defendants complied with certain conditions – where the defendants were liable to pay the acknowledged debt in full if those conditions were not met – whether the provision whereby the acknowledged debt would be paid in full if the conditions were not met was penal. More...

Xstrata Coal Qld P/L & Ors v Council of the Shire of Bowen [2010] QCA 170
Real property – rates and charges – rating of land – review of decisions – appeals – queensland – where appellants own and operate coal mines – where respondent Council, by resolution, adopted a revenue policy for 2007-2008 whereby it charged differential general rates in respect of 20 categories of land – where appellants between them owned all the land falling in four of those categories – where respondent issued appellants with rates notices charging the increased rate – where trial judge dismissed appellants’ application for judicial review of the resolutions – whether the respondent, in fixing the differential rate with respect to each category, took into account the appellants’ personal capacity to pay rates – whether the appellants’ capacity to pay was an irrelevant consideration – whether primary judge erred – whether the resolution and rates notices should be set aside. More...

Contact details

Melbourne

Chris Lovell
National Managing Partner
T: +61 (0)3 9321 9832
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Lou Farinotti
Managing Partner - Melbourne
T: +61 (0)3 9321 9861
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Helen Scott
Partner
T: +61 (0)3 9321 9836
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Steve Aitchison
Partner
T: +61 (0)3 9321 9836
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Margot Sharpe
Partner
T: +61 (0)3 9321 9912
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Lisa Cody
Partner
T: +61 (0)3 9321 9872
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Sydney

Richard Abbott
Partner
T: +61 (0)2 8083 0421
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Neville Allen
Partner
T: +61 (0)2 8083 0488
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Carolyn Chudleigh
Partner
T: +61 (0)2 8083 0440
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Robina Kidd
Partner
T: +61 (0)2 8083 0454
E: robina.kidd@holdingredlich.com.au

Robert Moses
Partner
T: +61 (0)2 8083 0422
E: robert.moses@holdingredlich.com.au

Brisbane

Michael Byrom
Partner
T: +61 (0)7 3135 0616
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Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.