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National

Regional Development Australia Fund branches out to councils
8 September 2011
has resulted in Optus entering into enforceable undertakings with the ACMA. The (RDAF) is a $1 billion federal program investing a first round of $150 million in 35 projects worth almost $418 million. Most of the projects fall under local government, with clubs, societies and non-for-profit organisations making up the remainder. These projects are primarily community buildings, cultural and tourist projects, training centres and regional airport upgrades More...

Government allocates green building funds
1 September 2011
The Government has announced $35.2 million in funding to green retrofit 90 commercial buildings nationally. Funding from the Green Building Fund and Tax Breaks for Green Buildings Program will be used to transform buildings, which include hotels, shopping centres and office blocks More...

UDIA calls for carbon tax certainty
31 August 2011
The Urban Development Institute of Australia (UDIA) has reiterated its call for the Federal Government to provide the property development industry with greater certainty in relation to its proposed Carbon Tax. UDIA National President Peter Sherrie said there was concern within the industry the Carbon Tax may induce a sharp decline in land and housing demand More...

Most of Agricultural Businesses Entirely Australian Owned
9 September 2011
The Australian Government has released current ABS data on foreign ownership of rural land and water entitlements. The data also shows only 5.8 per cent of Australian agricultural land is majority owned by foreign investors, with a further 5.5 per cent majority owned by Australians but with some foreign investment More...

Low Carbon Australia seeks new financing opportunities
5 September 2011
A new opportunity for funding for energy savings and carbon emission reduction has opened, with Low Carbon Australia Limited announcing a new Request for Proposals from businesses.

Residential Mandatory Disclosure Regulatory Impact Statement
2 September 2011
The Department of Climate Change and Energy Efficiency has commenced a nation-wide consultation process into the proposed regulations for the mandatory disclosure of residential building energy, greenhouse and water performance.

Victoria

Planning reform vital to delivering growth in Victoria
8 September 2011
The Property Council has argued in a comprehensive submission that the Victorian Government must undertake significant reform to Victoria’s planning system to ensure the state is able to effectively deliver Victoria’s growth More...

Coalition implements state-wide bushfire mapping in response to Royal Commission recommendations
9 September 2011
A new standardised approach to mapping bushfire risk will provide greater certainty and protection for Victorians.
Coalition implements state-wide bushfire mapping in response to Royal Commission recommendations.

Crowne Plaza Promenade in step with vision for Northbank
8 September 2011
Planning Minister Matthew Guy and Lord Mayor Robert Doyle announce the start of the Crowne Plaza Promenade redevelopment works, paving the way for a more vibrant Northbank waterfront.

New regional focus for Sunraysia modernisation
1 September 2011
The Victorian Coalition Government is working to secure $103 million in Commonwealth funding for the Sunraysia modernisation project on the basis of regional development.

Planning work starts on Kilmore-Wallan Bypass
1 September 2011
Minister for Roads Terry Mulder announces the commencement of planning work for the highly anticipated Kilmore-Wallan Bypass, with VicRoads starting a traffic survey to record vehicle movements in the Kilmore and Wallan.

New South Wales

NSW Government to increase Sydney housing supply by 50 per cent
8 September 2011
The NSW government has announced plans for a 50 per cent increase in Sydney’s housing supply to 25,000 new homes a year is welcome step forward. According to the Urban Taskforce, the plan refers specifically to Sydney, as opposed to the entire state of NSW More...

Temporary arrangements for complying development certificates
1 September 2011
From 1 September 2011, council controls and the controls under SEPP 60 and the Growth Centres SEPP for complying development will not operate. All complying development certificates for the relevant development types will be required to be issued under the Codes SEPP in this intervening period.

Queensland

Brisbane’s Busway network on schedule
9 September 2011
BrisConnections CEO Dr Ray Wilson said the combined Airport Link projects were now 84 percent complete and on schedule for completion in mid 2012. Once construction is complete, the Northern Busway (Windsor to Kedron) will be handed over to the Queensland Government for final fit- out and commissioning by TransLink More...

Building Boost legislation introduced by State Government
8 September 2011
Treasurer Andrew Fraser has introduced the Building Boost Grant Bill 2011 into Parliament, locking in the Bligh Government’s $140 million reforms to boost housing construction across the state. The Bill provides for a $10,000 grant for all Queenslanders constructing or purchasing a new home up to the value of $600,000, with first home buyers also eligible for the $7,000 first home buyer’s grant More...

Electricity price reforms passed by Queensland Parliament
7 September 2011
New reforms will remove the outdated Benchmark Retail Cost Index methodology the Queensland Competition Authority (QCA) uses to set notified electricity prices and replace it with a more transparent system based on the underlying cost of supply. Mr Robertson said the legislative reforms passed today also ensure the continuing cost-effectiveness and success of the Queensland Solar Bonus Scheme More...

Government reforms to protect Queensland’s stock route network
7 September 2011
The Queensland Government has introduced a bill to Parliament proposing a locally managed system for the state’s famous stock routes. Through the Bill Local government will have stronger powers to issue grazing authorities and the capacity to deliver compliance and enforcement. They will be funded through revenue raised by the stock route network More...

Showground Hill launched at Iconic RNA Showgrounds
7 September 2011
The Premier, RNA Chief Executive Jonathan Tunny and Lend Lease Head of Development David Rolls jointly announce the design of “Showground Hill’ – the residential, commercial and retail component of the overall project. Ms Bligh said the design ensured respect for the history and heritage of the site while welcoming a new business and residential heart for the city More...

Legislation passed for Suncorp Stadium scheduling
7 September 2011
Suncorp Stadium’s scheduling issues for 2011 have been resolved with State Parliament passing legislation to protect the venue’s ability to continue hosting major events. The Bill has amended Suncorp’s Development Approval (DA) for 2011 thereby increasing the crowd threshold to a crowd cap of 35,000 for those 24 events, which will enable scheduled major events to occur More...

State Government lays groundwork for new investment in major projects
6 September 2011
The State Government announces plans to attract private sector investment to deliver two new major projects and further boost the growing coal industry. The Queensland Treasury had been tasked with investigating investment opportunities to fund the Connors River Dam and proposed Multi-Cargo Facility at Abbot Point More...

Articles

National

Australia’s Carbon Pricing Mechanism
Deloitte has put together a series of articles on how the Clean Energy Future package is proposed to function. It establishes a carbon price and expands renewable energy, energy efficiency and land use policies and programmes. The Government expects the legislation to be passed by Parliament in late calendar 2011.

Australia’s Carbon Pricing Mechanism – What does it mean for the real estate sector.

Review of the rollout of the National Broadband Network: first report
7 September 2011
Joint Committee on the National Broadband Network

How to deliver better ICT is a hotly contested issue and one of the political divides of the moment. With this in mind, this committee has worked hard to focus on its parliamentary oversight responsibility of the rollout of the NBN.

Business regulation benchmarking: role of local government
6 September 2011
Productivity Commission
This review provides the opportunity to benchmark the performance of local government regulatory activities and how they impact on businesses.

New protectionism under carbon pricing: case studies of LNG, coal mining and steel sectors
5 September 2011
Tony Wood, Tristan Edis, Grattan Institute
The Government’s unduly generous assistance to industry under its carbon emissions package may create a new protectionism. The whole community will pay for unjustified subsidies to the LNG and coal industries.

Pricing carbon - the money and the myths
5 September 2011
Tony Wood, The Grattan Institute
Explains how the Carbon Tax works and debunks the myths surrounding its introduction

Victoria

Options for assessing the cost of climate change for adaptation policy in Victoria
29 August 2011
John Handmer, Adriana Keating; Victorian Centre for Climate Change Adaptation Research
Regardless of any future action on climate change mitigation, impacts in Victoria are already being felt and are likely to intensify in the future according to this report
Options for assessing the cost of climate change for adaptation policy in Victoria

Practice notes/directions

National

Low Carbon Australia seeks new financing opportunities
7 September 2011
Low Carbon Australia Limited has opened Request for Proposals from businesses to co-invest in energy savings and carbon reductions. Through this new round of proposals Low Carbon Australia is seeking to identify new financing opportunities and to build a project pipeline for its current financial products. The deadline for proposal submissions is 5pm on 30th September 2011. More information on the Request for Proposals can be found at: www.lowcarbonaustralia.com.au

Green building funds allocation for industry
1 September 2011
The fit-outs the companies will undertake may include new state-of-the-art heating and air conditioning systems, smart room controllers (for hotel guest rooms), energy efficient lighting systems and building energy management systems. From 1 July 2012, eligible businesses that invest in improving the energy efficiency of their existing buildings will be able to apply for a tax break through the $1 billion Tax Breaks for Green Buildings Program. For more information, visit www.ausindustry.gov.au.

Wind energy guidelines
The Policy and planning guidelines for development of wind energy facilities in Victoria, August 2011 and the Advisory note 36 Changes to wind energy facility provisions are now available.

New South Wales

NSW: Trust account audit documents for PSBA licensees: Trust account audit requirements
September 2011
Under the Property Stock and Business Agents Act 2002, licensees’ records in relation to the handling of trust money must be audited. The audit must be lodged within 3 months after the end of the audit period. The audit for most agents must be lodged with the Director-General no later than 30 September 2011 More...

Legislation

Commonwealth

Nation Building Program (National Land Transport) Act 2009 - Variation of the Nation Building Program Roads to Recovery Program List - Instrument No. 2011/2
31 August 2011
This instrument amends the Nation Building Program (National Land Transport) Act 2009 - Determination of the Nation Building Program Roads to Recovery List pursuant to section 87 of the Act - Instrument No. 2009/1 to reflect transfer of responsibility for French Island from VicRoads to the Department of Environment and Sustainability More...

Cases

Victoria

Pamamull v Albrizzi (Sales) Pty Ltd (No 2) [2011] VSCA 260
Practice and procedure – Self-represented defendant – Application for adjournment – Adjournment refused – Natural justice – Time allowed to defendant to apply to set aside judgment – Application refused – Costs ordered against defendant’s solicitor – Leave to appellant/defendant to rely on affidavit provided by respondent/plaintiff at trial but not filed – Costs order against solicitor set aside – Appeal otherwise dismissed as no arguable defence on merits. Real property – Sale of land – Contract of sale – Rescission by respondent vendor – Whether material defect in title entitling appellant purchaser to rescind – Whether respondent resold land at undervalue – No arguable defence – Appeal dismissed More...

Spotlight Pty Ltd v NCON Australia [2011] VSCA 267
Practice and procedure - Application for leave to appeal - Trial judge granted plaintiff leave to reopen case and call further evidence on the question of damages after the case had closed and judgment had been reserved - Leave to appeal granted. NCON claimed that Spotlight had committed breaches of the rental agreement and it also claimed, among other things, that Spotlight had repudiated both agreements More...

Foundry Supermarket Pty Ltd v Da Vinci Foundry Pty Ltd and Ors (Retail Tenancies) [2011] VCAT 1648
Section 73 of the Victorian Civil & Administrative Tribunal Act 1998 – whether the costs of intervening party are recoverable; Retail Leases Act 2003 - whether s.92 applies to an intervening party. Section 110 of the Victorian Civil and Administrative Tribunal Act 1998 – whether costs recoverable – dismissed More...

Community Villages Australia Pty Ltd v Mornington Peninsula SC (includes Summary) (Red Dot) [2011] VCAT 1667
Nature of case - Application under s 79 of Planning and Environment Act 1987. Location of passage of interest - Paragraphs 19 to 31. Reasons why decision is of interest or significance. legislation – interpretation or application of statutory provision. The Application was found to be premature because the 60 day period had not passed after the deemed commencement date following the Council’s receipt of an approved cultural heritage management plan. The Tribunal found that section 52(4) of the Aboriginal Heritage Act 2006 does not oust the jurisdiction of the Tribunal under clause 62 of schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 More...

BMF Pty Ltd v Greater Geelong CC (includes Summary) (Red Dot) [2011] VCAT 1666
Nature of case - Application under section 77 of the Planning and Environment Act 1987 to review the decision by the Greater Geelong City Council to refuse a permit to subdivide land at 421-429 Bellarine Highway, Moolap into two lots of 1.0 ha and 2.3 ha. Location of passage of interest - Paragraphs 11 to 20. Reasons why decision is of interest or significance. Planning scheme – interpretation or consideration of VPP provision VPP clause 35.03 – Rural Living Zone (RLZ) The schedule to the RLZ may not validly include a requirement that each lot in a subdivision must be capable of containing a rectangle of a specified minimum area or dimensions. Change to legislation or vpps - whether change to VPPs or statutory provisions is required or desirable More...

Lorgenredlich Pty Ltd (ACN 104 840 459) v Cappadona (Retail Tenancies) [2011] VCAT 1668
Retail lease – injunction sought to restore tenant to possession – re-entry by Landlord lawful – application for relief against forfeiture only triable issue - summary application for relief against forfeiture – exceptional circumstances – refusal of relief More...

Queensland

Lindaning Pty Ltd (Receivers and Managers Appointed) v Dean Goodlock and Michael Gore as Trustees of the Gorelock Unit Trust & Ors [2011] QSC 266
Equity – specific performance – preconditions to obtaining specific performance – inadequacy of damages –Where the applicant vendor sought specific performance of a contract of sale of lots in a community title scheme – Where the “Buyer” named in the contract was the First Respondent “Dean Goodlock and Michael Gore ATF the Gorelock Unit Trust” – Where the respondents claim inability to raise sufficient finance to complete the purchase – Whether specific performance was available to the vendor - Whether damages would be a sufficient remedy for the failure to provide the balance of the purchase price. Contract: general principles – remedies – specific performance and injunctions – specific performance – Where the respondents claimed they did not have sufficient funds to complete the purchase – Whether specific performance ought to be refused on the basis that it was futile or impossible to comply with– Whether impossibility established. Equity – equitable defences – illegality and unclean hands – unclean hands - Where the purchasers argued that the vendor was not ready willing and able to complete at settlement because of the form of transfer document relied upon – Where the purchasers solicitors had prepare the transfer document – Whether the purchasers could show an unwillingness to perform – Whether the vendor had demonstrated a readiness and willingness to carry out its obligations. Civil procedure – summary dismissal, settlement and discontinuance – summary disposal of litigation – summary judgment – Where both sides sought summary determination – Where the applicant admitted, once and for all, the truth of the facts stated in the respondents evidence More...

McGlone v Kalgold Pty Ltd & Anor [2011] QCA 215
Landlord and tenant – termination of the tenancy – generally – where the appellant raised factual matters not before the primary judge – where the appellant claimed estoppel – where the appellant claimed unjust enrichment – where the appellant claimed the first respondent failed to mitigate its loss – where the appellant claimed mistake – whether there was an estoppel against the landlord – whether a restitutionary remedy was available to the appellant – whether the landlord’s loss was due to its failure to mitigate – whether the guarantee and indemnity could be set aside for mistake. Appeal and new trial – appeal – general principles – admission of further evidence – in general – where the appellant sought leave to rely on evidence which was not before the primary judge – where the further evidence was in existence at the original hearing – whether leave should be granted to adduce further evidence on appeal. Appeal and new trial – appeal - practice and procedure – Queensland – when appeal lies – by leave of court – generally – whether the appellant needed leave to appeal having regard to the changes to the Magistrates Courts’ jurisdiction after the proceeding commenced, but before judgment 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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