What's News?

PDF FORMAT

Latest news

National  

Think Change with the Clean Energy Regulator
The Minister for Climate Change and Energy Efficiency has announced the Clean Energy Regulator will begin operation from 2 April 2012.  The Clean Energy Regulator will be a statutory authority responsible for administering the carbon pricing mechanism, the National Greenhouse and Energy Reporting Scheme, the Renewable Energy Target and the Carbon Farming Initiative. (16 November 2011) More...

BREE Electricity Report Shows Investors Need Certainty
The release of the Bureau of Resources and Energy Economics' (BREE) annual publication shows the transformation of Australia's energy mix has begun, with 37 per cent of the committed new investment in gas and 41 per cent in wind. The fall in the number of completed electricity projects over the twelve months to October 2011 highlights the need for investment certainty in the electricity generation sector (16 November 2011) Electricity Report Shows Investors Need Certainty 

ACCC issues carbon price claims guide for businesses
The Carbon Price Claims guide for business is intended to provide initial assistance to businesses preparing for the implementation of the Carbon Pricing Mechanism. The ACCC will continue its programme of engagement with the business community and with the development of further guidance for consumers and industry (15 November 2011)  ACCC issues carbon price claims guide for businesses

Green Star Performance from the Green Building Council of Australia
The development of Green Star Performance continues with a third of the proposed credits already in a draft format. Once the tool is released, the GBCA will be developing new education resources specifically geared for building operators and the facilities management industry (10 November 2011)  More...

Federal Government passes Clean Energy Future legislation
The Clean Energy Future legislation has passed through the Senate and will put a price on pollution, foster renewable energy technologies, encourage energy efficiency and create opportunities to reduce pollution on the land. A fixed carbon price of $23 a tonne will apply from 1 July, 2012, moving to a flexible price after three years, and Nine out of 10 households will receive compensation (08 November 2011) More...

Commonwealth Heritage List includes Post Offices
The Minister for Sustainability has announced the inclusion of 43 post offices from around Australia on the Commonwealth Heritage List, throughout Queensland, Victoria, Tasmania, New South Wales and Western Australia (07 November 2011) More...

Victoria

Victorian Infrastructure Deserves National Support
The release of the Victorian Government’s  Infrastructure Australia submission today shows a deep level of planning and seeks support for major projects that will deliver on key national objectives, says Infrastructure Partnerships Australia (17 November 2011)  More...

Million dollar investment in Norlane businesses, jobs and housing
Minister for Housing Wendy Lovell has announced a four-year, $80 million housing project that will see more than 320 new public and affordable private homes built in the suburb of Norlane, Geelong (16 November 2011) $80 million investment in Norlane businesses, jobs and housing

Victorian councils given climate change warning
Victoria's planning umpire says councils in northern Victoria need to consider how climate change could affect new developments on riverbanks. VCAT ruled that any flooding at the site could put emergency crews, services and the home's residents at risk (14 November 2011)  More...

Latrobe Valley mining covenant to go
The Victorian Government is planning to remove a mining covenant in the Latrobe Valley to free up land for development. Landowners who certainly have not had the ability to develop as they would like because of the SUZ5 covenant (14 November 2011)  More...

VCAT Discliplinary Inquiry for RT Edgar and agent's representative
The Director of Consumer Affairs Victoria has applied for disciplinary inquiries against both the corporate licensed estate agent RT Edgar (Toorak) Pty Ltd, and agent’s representative Gregory Herman-Moore, under the Estate Agents Act 1980 (09 November 2011) VCAT Inquiry for RT Edgar Toorak Pty Ltd and agents representative

New South Wales

Feedback sought on revised development control plan for Warnervale Town Centre
Feedback is being sought on a proposal to transfer the Warnervale Town Centre’s planning controls to Wyong Shire Council and encourage a wider range of residential development in the heart of the centre (16 November 2011)  Feedback sought on revised development control plan for Warnervale Town Centre

Business sector calls for city centre economic study
Business groups representative of a broad cross section of interests are calling for Wollongong City Council to undertake an economic analysis to determine the best outcome for the Crown St Mall as part of a wider investigation on revitalising Wollongong’s city heart (14 November 2011) Business sector calls for city centre economic study

Stormwater harvesting investment in Chatswood
Officially opened at the launch of the Environmentally Sustainable Design Initiatives at The Concourse in Chatswood, the Integrated Water Management project showcases the benefits of reducing demand for potable water through stormwater harvesting and re-use in high-density urban centres (15 November 2011)  More...

Government delivers 1,000 new homes and 2,500 jobs in Penrith
The Minister for Planning and Infrastructure announces 1,000 new homes and new employment opportunities for the hub of Western Sydney in Penrith. The site will provide a range of housing types including studios, detached dwellings, multi-unit housing and apartments – almost 200 dwellings will be reserved for seniors, aged care, affordable and social housing ( 12 November 2011) Action Station in Penrith - O'Farrell Government delivers 1,000 homes and 2,500 jobs

New planning controls for Dubbo to support residential growth
Additional housing and employment land are earmarked in Dubbo’s new council-wide planning controls, which have received NSW Government approval. The new council-wide local environmental plan (LEP) was approved by the Department of Planning and Infrastructure, under delegation from the Minister (11 November 2011) New planning controls for Dubbo to support residential growth and employment

Queensland

Federal Government fixing flood insurance
Every Australian seeking to purchase or renew home and contents insurance will be offered flood cover using a common sense definition of ‘flood’ under proposals announced by Assistant Treasurer Bill Shorten and Attorney General Robert McClelland. The announcements are part of the Gillard Government’s response to the 47 recommendations in the final Natural Disaster Insurance Review (the Review) report (14 November 2011) 

Wivenhoe Dam levels to be reduced by State Government
The  full supply level of the Wivenhoe Dam will be reduced to 75 per cent, to prepare for the coming wet season and made in accordance with recent amendments to the Water Act. The decision to lower Wivenhoe Dam levels follows extensive expert advice from Seqwater, the Water Grid Manager, the Queensland Water Commission and the Department of Environment and Resource Management (13 November 2011) More...

Valuer-General annual valuations for rateable local government areas in 2012
Queensland’s Valuer General Neil Bray has announced that landowners in all rateable local government areas would receive new land valuations in 2012. Up to 1.6 million land valuations were due to be issued to landowners prior to 31 March 2012 (10 November 2011)  More...

Reconstruction of Brisbane River icons
Acting Premier Andrew Fraser and Federal Minister Assisting the Attorney General on Queensland Flood Recovery, Senator Joe Ludwig announced the approval of $48million in reconstruction funds for the projects. The State and Commonwealth have allocated up to $145 million to fast-track reconstruction of the Brisbane CityCat and ferry terminals and the Brisbane Riverwalk (10 November 2011)  More...

Unreasonable Queensland landholder claims rejected
The Natural Resources Minister has rejected claims by landholders union AgForce that land rents represent an unreasonable imposition on pastoral leaseholders. Around 50 per cent of all land in Queensland is held in pastoral leases for which graziers pay on average 0.5 per cent of the unimproved value per year in rent (09 November 2011)  More...

Articles

National  

Reforming the Native Title Act
Author: The Australian National University
In this report, Jon Altman seeks to explore the ramifications of the Native Title Act Reform Bill, a private senator's bill introduced by Senator Rachel Siewert of the Australian Greens (17 November 2011)  Reforming the Native Title Act

The interplay of foreign multinational corporations and the state in environmental governance
Author: Delphine Rabet , Australian Political Studies Association
This paper explores the mechanisms through which multinational corporations the environmental regulatory policies of states (16 November 2011)  The interplay of foreign multinational corporations and the state in environmental governance

The resources boom and macroeconomic policy in Australia
Author: Bob Gregory, Peter Sheehan
Australia is in the midst of the most remarkable resources boom in its history, but the domestic economy is slowing. How can both of these things be happening at the same time (11 November 2011) The resources boom and macroeconomic policy in Australia

Practice notes/directions

National  

Carbon price claims - Guide for business
This guide is to assist you to understand your rights and obligations as a business operator when making claims about the impact of a carbon price. It focuses on prohibitions against misleading, deceptive or false claims under the Australian Consumer Law (the ACL) – part of the Competition and Consumer Act 2010 (Cth) (the Act) (14 November 2011)  More...

Clean energy (carbon price) legislation package
The Clean Energy legislation has been passed by the Senate 08 November and is awaiting Royal Assent. The new laws introduce the carbon tax reforms and make consequential amendments to other pieces of legislation including the Competition and Consumer Act 2010 . The reforms will commence on 1 July 2012.  Parliamentary Library Bills Digests are listed here:

Clean Energy Bill 2011 [PDF 2MB]
Clean Energy (Household Assistance Amendments) Bill 2011 [PDF 888KB]
Clean Energy (Income Tax Rates Amendments) Bill 2011 and Clean Energy (Tax Laws Amendments) Bill [PDF 90KB]
Clean Energy Regulator Bill 2011 [PDF 736KB]
Climate Change Authority Bill 2011 [PDF 602KB]

Current Draft Policies and Plans, Announcements

The Growth Areas Authority has released the draft Growth Corridor Plans and is inviting public comment until Tuesday 20 December.

New South Wales

Reminder from OSR: Transfer land or business - Duties Client Identification
From Monday 12 December 2011, OSR will be collecting Client Identification (CI) information for all parties liable to or exempt from transfer duty under Chapters 2, 4, 11 and 12 of the Duties Act 1997.
Duties client identification factsheet
Duties document matrix

Queensland

Current Draft Policies and Plans, Announcements

Premier calls on insurers to look after Queenslanders this wet season
The Commonwealth Government this week agreed with the need for a standard definition of‘flood’ and will draft regulations for consultation by the end of the year. The standard definition proposed by the Commonwealth Government is:
Flood means the covering of normally dry land by water that has escaped or been released from the normal confines of:
A. any lake, or any river, creek or other natural watercourse, whether or not altered or modified; or
B. any reservoir, canal, or dam. (17 November 2011)  More...

Legislation

Commonwealth

Parliament of Australia Bills Digest
Australian Renewable Energy Agency Bill 2011 [PDF 586KB] – 09 November 2011
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2011 [HTML] [PDF 589KB] – 08 November 2011

Victoria

Bills

Liquor Control Reform Further Amendment Bill 2011 
A Bill for an Act to amend the Liquor Control Reform Act 1998 to introduce a demerit points system for licensees and permittees involved in non-compliance incidents, to introduce a licence for wine and beer producers, to recognise the importance of live music and for other purposes (10 November 2011)

State Taxation Acts Further Amendment Bill 2011 
A Bill for an Act to amend the Payroll Tax Act 2007, the Duties Act 2000, the Land Tax Act 2005, the Taxation Administration Act 1997, the Livestock Disease Control Act 1994 and the Valuation of Land Act 1960 and for other purposes (10 November 2011)

Cases

Victoria

Baker & Ors v Ambridge Investments Pty Ltd (in liq) & Ors [2011] VSCA 334
Joint venture – Conduct giving rise to implied agreement of joint venture – Sale of land – Company registered owner of land – Whether company owns land beneficially or holds it on trust – Trial judge found joint venture agreement evolved by drawing inferences from undisputed facts – Whether inferences open to be drawn – Trial judge did not err in drawing inferences – Appeal dismissed  More...

Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2011] VSC 581
Practice and procedure – Application – Admissibility of evidence – Compulsory land acquisition – Application to exclude expert valuation evidence – Independence and impartiality of expert witnesses – Whether an expert witness has become an advocate for their client – Expert Witness Code of Conduct – Evidence Act 2008 (Vic) ss 79, 135 – Civil Procedure Act 2010 (Vic) Parts 2.3 and 2.4 – Supreme Court (General Civil Procedure) Rules 2005 (Vic) O 44 – Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 277 ALR 611 - Phosphate Cooperative Co of Australia Pty Ltd v Shears [1989] VicRp 60; [1989] VR 665 – Application dismissed -  the Court is asked to determine the amount of compensation to which the respondent, Murdesk Investments Pty Ltd, is entitled as a result of the compulsory acquisition of the subject land  More...

Peachbulk Pty Ltd v R T Edgar Pty Ltd & Ors [2011] VCC 1370
Misleading and deceptive conduct – sale of property – purchase of property after auction – agent’s statements about offers received – whether misleading or deceptive – whether tort of deceit – whether purchaser relied on statements – damages – mitigation of damages – vendors’ liability for agent’s conduct – vicarious liability of administrator – right of indemnity of vendors against agents: Trade Practices Act 1974, ss.52, 75B, 82; Fair Trading Act 1999, s.9, Guardianship and Administration Act 1986, s.58B  More...

Richmond Football Club Limited v Verraty Pty Ltd (ACN 076 360 079) (Retail Tenancies) [2011] VCAT 2104
Landlord and tenant – retail lease - surrender and re-grant – s46 and s50 Retail Leases Act 2003 – Ministerial Order S I84.  RESTITUTION – Money paid under mistake – Claim for money had and received – Defences – Good consideration – Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd - Estoppel by convention – Estoppel by representation – Unconscionable conduct - Counter-restitutionary claim – Statute of Limitations.   More...

New South Wales

Richard Van Brugge & Anor v Meryl Lesley Hare & Anor [2011] NSWSC 1364
The plaintiffs' use of the inclinator is expressly authorised by the terms of the easement. Injunction granted to prevent interference with the plaintiff's' rights to use the easement. Real property - Torrens Title - easement - plaintiffs have benefit of right of way "with or without vehicles" over defendants' steeply sloping land - mechanical inclinator built over the length of the easement - defendants' prevent plaintiffs' using inclinator without the defendant's permission - whether plaintiffs have express or ancillary rights to the use of the inclinator under the terms of the easement  More...

Celermajer Holdings Pty Ltd v Kopas [2011] NSWSC 40
Landlord and tenant - whether owner of residential premises is entitled to possession as against the long term occupants of those premises - whether the defendants have an equitable life tenancy of the premises - HELD - no equitable life tenancy - the nature of the defendants' tenancy of the premises - whether the premises are controlled premises, and the tenant a 'protected tenant', under the operation of the Landlord and Tenant (Amendment) Act 1948 (NSW) - HELD - the first defendant is the sole tenant pursuant to a periodic monthly tenancy at common law on the terms of a previous holding-over tenancy - as revised, the plaintiff has established that the premises are not controlled premises and that the tenant is not a 'protected tenant' under the Landlord and Tenant (Amendment) Act 1948 (NSW) - notice of termination valid under the Residential Tenancies Act 1987 (NSW) - plaintiff entitled to possession  More...

Tanlane Pty Ltd v Moorebank Recyclers Pty Ltd (No 2) [2011] NSWSC 1286
Real property- easements- Conveyancing Act 1919, s 88K- necessary pre-conditions for making an order; reasonable necessity, public interest, compensation and discretion, to be considered as a whole, not scored under separate heads- whether possible to grant a conditional easement to prevent sterilization of servient tenement- conditional easement granted.ISSUE ESTOPPEL- whether the precise question of fact or law was determined in the earlier proceedings as a fundamental basis for the decision- question was whether consent for road bridge required a weight capacity which would accommodate the defendant's trucks- question was not a fundamental basis of the earlier proceedings therefore judge not estopped from considering the issue  More...

Hoxede Pty Lid as trustee of the Starr Family Trust v Chief Commissioner of State Revenue [2011] NSWADT 251
decision under review is affirmed.  Primary production exemption - rural land - dominant use test - significant and substantial purpose test- zoning.  Land Tax Management Act 1956  More...

De Meyrick v Dimitriou [2011] NSWSC 1291
Real property - Caveat - Caveator seeks leave under (NSW) Real Property Act s 74O to lodge further caveat - whether caveat has or may have substance - caveator claims interest in land as unregistered mortgagee - mortgage secures moneys due in respect of proposed legal proceedings - caveator has prima facie interest in caveatee's land - balance of convenience - comparison of potential harm to caveator if order incorrectly not made and to caveatee if order made incorrectly - no prejudice to caveatee identified - necessity to consider circumstances in which caveat lapsed in applications under s 74O - such circumstances overlap with analysis of balance of convenience lies - caveator claims not to have been notified caveat had lapsed - no suggestion caveatee took action in reliance on caveat lapsing - leave to lodge fresh caveat granted  More...

Co Funds Management Pty Ltd v Owners Corporation SP 78945 (Strata & Community Schemes) [2011] NSWCTTT 488
Strata Schemes Management Act 1996
Appointment of a strata managing agent where the Owners Corporation is not functioning satisfactorily  More... 

Contact details

Melbourne

Chris Lovell
National Managing Partner
T: +61 (0)3 9321 9832
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Lou Farinotti
Managing Partner - Melbourne
T: +61 (0)3 9321 9861
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Helen Scott
Partner
T: +61 (0)3 9321 9836
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Steve Aitchison
Partner
T: +61 (0)3 9321 9836
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Margot Sharpe
Partner
T: +61 (0)3 9321 9912
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Lisa Cody
Partner
T: +61 (0)3 9321 9872
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Sydney

Richard Abbott
Partner
T: +61 (0)2 8083 0421
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Neville Allen
Partner
T: +61 (0)2 8083 0488
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Carolyn Chudleigh
Partner
T: +61 (0)2 8083 0440
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Robina Kidd
Partner
T: +61 (0)2 8083 0454
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Robert Moses
Partner
T: +61 (0)2 8083 0422
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Brisbane

Michael Byrom
Partner
T: +61 (0)7 3135 0616
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Brian Healey
Partner
T: +61 (0)7 3135 0682
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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.