Property & Projects 25 October 2010

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Latest news

National

New roundtables to debate climate change
18 October 2010
Two new roundtables on climate change will be introduced by the government as it pushes ahead with its bid to put a price on carbon. The business roundtable, which will be co-chaired by Treasurer Wayne Swan and Climate Change Minister Greg Combet, will include chief executives of some of Australia’s leading manufacturing, mining and banking companies including Rio Tinto, Woodside, Lend Lease, Qantas, and the National Australia BankMore...

Australia joins other countries in banning endosulfan
13 October 2010
A federal government agency has banned pesticides that use the toxic chemical endosulfan, reversing earlier rulings that said it was safe if used correctly. The endosulfan ban is expected to affect a wide range of industries that still use the pesticides, including many tropical fruit and vegetable growers, nut farmers and cotton farmers.

Project defaults on the rise
11 October 2010
Hardship from the global financial crisis continues to plague the commercial property sector and defaults are on the rise in both the city and country. Debt collectors, real estate agents and liquidators all warn that more rises in interest rates could push the number of defaults higher over coming months More...

Gillard backpedals on Murray
18 October 2010
The independent Murray-Darling Basin Authority capitulated to the demands of outraged irrigation farmers and regional communities by ordering a new study into the social and economic impacts of its proposals to boost environmental flows in the river system. Consultants will now conduct the study to help the authority understand more fully the potential impacts of the guide proposals on basin communities More...

Government releases energy efficient report
8 October 2010
The Government has released the Prime Minister’s Task Group on Energy Efficiency report.The Report was commissioned by the Government to provide advice on the development of policy that will strengthen Australia’s response to climate change and reduce pressure on the energy costs of all Australians. The report, which reinforces the Government’s wider climate change strategy and the need for a price on carbon More...

Funding agreement signed for $100 million Smart Grid, Smart City program
8 October 2010
The Prime Minister, Julia Gillard, today announced the signing of the Smart Grid, Smart City project funding agreement. This agreement delivers on the Australian Government’s commitment of up to $100 million in funding to develop, in partnership with the energy sector, Australia’s first commercial scale-smart grid. The Smart Grid, Smart City project will help industry address the challenges of growth in peak electricity demand placing a strain on ageing assets More...

IMF sees risk in ‘mild overvaluation’ of Aussie house prices
7 October 2010
The International Monetary Fund cautioned that housing in Australia may be overvalued and a reversal in prices could hurt consumers in one of the few advanced economies to skirt last year’s global recession More...

Pilot rating tool for public buildings
7 October 2010
The Green Building Council of Australia (GBCA) has released a new pilot rating tool to support the sustainable planning, design and construction of high-performance public buildings. The PILOT rating tool will provide the industry with access to best practice benchmarks for public buildings, as well as a system of independently-verified certification to assist leading public buildings demonstrate their sustainability credentialsMore...

Victoria

$750,000 to help develop new windows for flame zones
13 October 2010
Planning Minister Justin Madden today announced $750,000 in grants for research and development of windows specifically suited to houses in the highest category of Bushfire Attack Level – the Flame Zone. Mr Madden said the research and development grants would be distributed to manufacturers via an expression of interest process More...

160 more jobs the focus of $110 million ICT action plan
13 October 2010
Victoria is set to capitalise on securing the hub of the $43 billion National Broadband Network (NBN) and create a new era of economic prosperity with a $110 million Information and Communication Technology (ICT) action plan to create jobs and keep Victoria ahead of the pack More...

Victoria to host Carbon Market Institute
13 October 2010
Victoria will become home to the national Carbon Market Institute, an independent, not for profit organisation established in partnership with the Asia-Pacific Emissions Trading Forum. It will be located in VECCI’s East Melbourne headquarters. The new Institute is expected to be operational by January 2011, but is already taking expressions of interest in memberships through the Asia-Pacific Emissions Trading Forum, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it More...

Up to $5 million to help conserve Victorian private land
12 October 2010
The Brumby Labor Government’s successful BushTender program – which rewards landholders for managing and protecting native vegetation on their own properties – is being extended to another four regions across Victoria. Environment and Climate Change Minister Gavin Jennings said the latest BushTender project targets part of Central Victoria, North-East Victoria, sections of the Murray River and an area stretching between the Mallee and Wimmera regions More...

Planning laws to fast-track rail link
13 October 2010
The Major Transport Projects Facilitation Act gives Planning Minister Justin Madden the power to fast-track transport projects declared ‘’major’’ by Premier John Brumby. Mr Madden announced he would use the laws to push through the Regional Rail Link, a new rail line through the west that will separate V/Line trains from Metro services. Mr Madden also ruled out an environment effects statement for the project.

Council attacks land rezoning rules
13 October 2010
The City of Greater Bendigo says Victoria’s rules for rezoning land are inefficient and inefffective. The council says the rules restrict its ability to rezone some land in response to population growth, climate change and housing affordability More...

State rules against environment study for $4.5b Regional Rail Link project
12 October 2010
The State Government has ruled there will be no need for an environment study on the proposed Regional Rail Link project. Planning Minister Justin Madden said the proposed route was mostly an existing rail corridor More...

Plan for hundreds of kilometres of new freeways
11 October 2010
Hundreds of kilometres of new freeways and expanded roads would be built across Melbourne over the next 30 years, under plans revealed in a highly detailed government map marked Proposed 2040 Road Network Development More...

Desal plant cost could hit $24bn
8 October 2010
Victorian taxpayers and water users will pay up to $24 billion over nearly three decades for the Brumby government’s decision to drought-proof Melbourne with Australia’s largest desalination plant. An Auditor-General’s report tabled shows that Victorians would pay on average as much as $860 million a year for desalination if the plant operated at full capacity over the 28-year contract More...

Property developers circle mining town sites
7 October 2010
Listed property groups Mirvac, Stockland, Investa and Aspen are among those circling thousands of land lots in Australian mining towns. The groups are seeking
development opportunities as pressure mounts on governments to release more land
More...

Real Estate Institute fights a state tax on taxes
7 October 2010
Victoria’s Real Estate Institute wants to stop state government-imposed stamp duty on the GST component of commercial property deals, claiming stamp duty should only be levied on the actual purchase price, and not on the GST More...

Environment Victoria welcomes plan
8 October 2010
Victoria’s peak non-government environment group Environment Victoria has welcomed the new Murray-Darling Basin plan, calling it the only way to restore balance to the river system. The Murray-Darling Basin Authority announced a plan to return 27 to 37 per cent of water, or 3000 to 4000 gigalitres of surface water, to the system More...

Big cuts for Murray Darling Basin irrigators
8 October 2010
The MDBA’s guide to its proposed basin plan confirmed cuts of between 27 and 37 per cent were proposed. The cuts to Sustainable Diversion Limits would achieve another 3000 – 4000 gigalitres of water for environmental purposes. Industries which used high volumes of water – rice, cotton and broadacre cereals – will likely be hardest hit and could lose upwards of 30 per cent of the value of their production, according to the guide More...

Planning all clear for Ring Road Link to Surf Coast hwy
8 October 2010
The $76.9 million eastern connection from the Geelong Ring Road to the Surf Coast Highway at Grovedale is one step closer, with planning approval given for the new transport corridor, which also provides for the future Armstrong Creek Railway Station. Roads and Port Minister Tim Pallas welcomed the amendments to Greater Geelong’s Planning Scheme, which confirms the road reservation for the important new road link, with major works expected to commence in 2012 More...

Sky’s the limit for $31 million Docklands development
8 October 2010
Construction of an innovative development to boost affordable housing for lower and medium income-earners is taking shape in Melbourne’s Docklands precinct. The new development is part of the $1.26 billion Nation Building program which is bringing more than 4,500 new affordable rental homes to Victorians and is a partnership between the Commonwealth and Victorian Governments, and the registered housing association Housing Choices Australia, which will manage the apartmentsMore...

New works contract for Princes Hwy East duplication
8 October 2010
The next major contract in the upgrade of the Princes Highway East has been awarded, clearing the way for the duplication of the western approach to Sale to begin this year. Federal Infrastructure and Transport Minister Anthony Albanese and Victorian Roads and Ports Minister Tim Pallas announced today the contract to widen the Highway between Wurruk and Sale has been awarded to BMD Constructions More...

Contract awarded for $74.6 million Dingley Arterial
8 October 2010
Works on the $74.6 million Dingley Arterial through Keysborough, connecting Westall Road with the Dandenong Bypass, will start next month, with the contract for construction of the new road link awarded to Fulton Hogan. This vital road link was identified as a priority project in the Victorian Transport Plan to improve east-west transport connections More...

Councils Loose Challenge on Clearways
7 October 2010
ABC News reports that Stonnington and Yarra City Councils have lost their bid to remove extended clearways imposed by Vic Roads. Reportedly, the Supreme Court of Victoria handed down its decision to dismiss the application on the basis that the direction provided by the Roads Minister to Vic Roads was legal More...

Stop governments’ tax rort, say real estate agents
6 October 2010
Real estate agents have urged the Victorian and federal governments to remove what they call ‘’the tax rort’’ of stamp duty being levied on GST in commercial real estate transactions. Real Estate Institute of Victoria chief executive Enzo Raimondo said that when the GST was introduced in 2000, an anomaly was created. State property taxes - stamp duties - were charged not just on the actual cost of the property but also on the GST paid More...

New South Wales

Development controls to build a sustainable Sydney
12 October 2010
Homeowners and developers in the City of Sydney will have access to a single set of development guidelines governing everything from multi-storey apartments and office towers to carports, fence heights and home extensions. The City of Sydney’s draft Development Control Plan (DCP), to be considered by Council on October 18 for public exhibition, amalgamates 62 planning policies into one document More...

Queensland

Project defaults on the rise
11 October 2010
Hardship from the global financial crisis continues to plague the commercial property sector and defaults are on the rise in both the city and country. Debt collectors, real estate agents and liquidators all warn that more rises in interest rates could push the number of defaults higher over coming months More...

Queensland’s heritage-listed buildings are in a disgraceful state of disrepair, audit finds
14 October 2010
More than 100 heritage-listed homes and landmarks are rundown or at high risk of deterioration, a statewide audit reveals. Offending owners have been slapped with maintenance orders and face yearly inspections. They face $75,000 fines if they fail to comply More...

New guide to asset planning
14 October 2010
Local councils in Queensland have received a new guide to help mayors and councillors better understand their responsibilities in managing billions of dollars in community assets More...

Articles

National

Report of the Prime Minister’s task group on energy efficiency
Source:
Canberra: Department of Climate Change and Energy Efficiency: 18 October 2010
Including an emphasis on the need for a price on pollution, this blueprint recommends ‘a step-change improvement in energy efficiency by 2020’ to ensure Australia meets its pollution reduction targetsMore...

Property Agents and Motor Dealer Act reforms
Author:
Christensen, Sharon
Source: Australian Property Law Bulletin, 2010, Vol 24, No 8/9, pp110

Mandurah Enterprises Pty Ltd v Western Australian Planning Commission
Author:
Webb, Eileen
Source: Australian Property Law Bulletin, 2010, Vol 24, No 8/9, pp114

Recent decision on unconscionability in retail leasing — lessors beware: you are bound by the actions of your agents
Author:
Griffith, Tom
Source: Australian Property Law Bulletin, 2010, Vol 24, No 8/9, pp117

Guarantees in respect of assigned leases
Author:
Watson, Hannah
Source: Australian Property Law Bulletin, 2010, Vol 24, No 8/9, pp123

Beware statutory disclosure obligations
Author:
Dixon, Bill
Source: Queensland Lawyer, 2010, Vol 30, No 3, September, pp98

The meaning of material prejudice
Author:
Dixon, Bill
Source: Queensland Lawyer, 2010, Vol 30, No 3, September, pp100

The impact of enforcement warrants on unregistered transferees in Queensland
Author:
Lumb, Stephen
Source: Australian Property Law Bulletin, 2010, Vol 24, No 8/9, pp121

Practice notes/directions

National

High Court Amendment Rules 2010 (No. 1)
Legislative Instrument - F2010L02635 Number: SLI 2010 No. 240 (12/10/2010)
These Rules amend the High Court Rules 2004 to change the procedures that govern the steps to be taken before the hearing of appeals and correct, update or clarify other parts of the Rules to reflect legislative and other changes which have occurred since the last amendments to the Rules More...

Victoria

National electronicconveyancing website launched
A new project website for developing a single national electronic conveyancing system was recently launched by National E-Conveyancing Development Ltd (NECDL). Currently in the initial project stages, NECDL is a collaboration between government and industry. The project recently completed a business case for the system and expects a first release to be ready within 18 to 24 months of securing funding. Resources on the website include webcasts, project documents and communication outputs More...

Consultation on Draft Guide to office Building Quality 2010
The Guide to Office Building Quality has recently been reviewed and redrafted to reflect changing industry standards. The steering committee has proposed updates to both the New and Existing Building matrices, and the draft Guide is now available for industry consultation. All feedback should be provided by Friday, 12 November 2010
More...

Basin Plan Guide released for public discussion
The Murray-Darling Basin Authority has released for public consultation and discussion the landmark first-stage document in the process of establishing a plan to secure the long term health of Australia’s food and fibre bowl
More...
The Guide to the proposed Basin Plan is available for community discussion and feedback. Feedback received before the end of November will be considered during the drafting of the proposed Basin Plan, which will be released in 2011.

Announcements

Community benefits from new crown land leasing policy
The Leasing Policy for Crown Land in Victoria would establish principles to guide land managers, existing tenants and prospective tenants to help inform decision making around Crown land leasing. The act introduces a number of amendments to Victoria’s Crown land legislation, including extending maximum lease terms from 21 to 65 years for land reserved under the Crown Land (Reserves) Act 1978 and the Forests Act 1958. The Leasing Policy for Crown Land in Victoria is available at www.dse.vic.gov.au
More...

North West public transport review report released
The Victorian Government has released a report into public transport improvement options for the north-west of Victoria and is calling on the community to have their say. Copies of the study are available at www.transport.vic.gov.au and comments on the report will close on January 14, 2011.

Councils advised on social procurement
The Victorian Government has released a new guide to help councils incorporate social procurement into their purchasing and tendering practices. The guide was developed by the Department of Planning and Community Development and the University of NSW Centre of Social Impact, in consultation with Foresters Community Finance, the Victorian Government’s Solicitor’s Office, Department of Human Services, Social Traders and councils. The guide is available at www.localgovernment.vic.gov.au/CRB
More...

NO EES required for regional rail link section 1 subject to conditions
An Environment Effects Statement (EES) will not be required for Section 1 of Regional Rail Link subject to conditions being satisfied. Information on the EES decision and process is available on the Department of Planning and Community Development website http://www.dpcd.vic.gov.au/planning/environment-assessment/referrals/decisions-on-ees-referrals
More...

Helping Victorians understand the new 6 Star Standard - free information sessions
Victorian consumers will have the opportunity to find out first-hand about the 6 Star Standard for new homes, alterations and additions to be introduced nationally in the Building Code of Australia on 1 May 2011 at seven free information sessions at Brunswick, Mount Waverley, Geelong, Ballarat, Bendigo, Sale and Moorabbin. VCAT’s Short Cases List commenced operation in the Planning & Environment List on Monday 11 October 2010. A new practice note and other information is available on VCAT’s website.

Panel Reports

Mortlake Wind Farm: Development of the Mortlake Wind Farm on two sites to the east and south of Mortlake.

Currently Inviting Submissions

Growth Area Framework Plans - Submissions close 3 November 2010

New South Wales

National electronic conveyancing website launched
A new project website for developing a single national electronic conveyancing system was recently launched by National E-Conveyancing Development Ltd (NECDL). Currently in the initial project stages, NECDL is a collaboration between government and industry. The project recently completed a business case for the system and expects a first release to be ready within 18 to 24 months of securing funding. Resources on the website include webcasts, project documents and communication outputs
More...

Consultation on Draft Guide to office Building Quality 2010
The Guide to Office Building Quality has recently been reviewed and redrafted to reflect changing industry standards. The steering committee has proposed updates to both the New and Existing Building matrices, and the draft Guide is now available for industry consultation. All feedback should be provided by Friday, 12 November 2010
More...

Queensland

National electronic conveyancing website launched
A new project website for developing a single national electronic conveyancing system was recently launched by National E-Conveyancing Development Ltd (NECDL). Currently in the initial project stages, NECDL is a collaboration between government and industry. The project recently completed a business case for the system and expects a first release to be ready within 18 to 24 months of securing funding. Resources on the website include webcasts, project documents and communication outputs
More...

Legislation

Commonwealth

Renewable Energy (Electricity) Amendment Regulations 2010 (No. 6) SLI 2010 No. 246
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to include 10 additional activities for the provision of partial exemption certificates for activities defined as eligible under the emissions-intensive, trade exposed assistance program (15/10/2010)
More...

Environment Protection and Biodiversity Conservation Act 1999 - Amendment to List of CITES Species (08/10/2010)
This instrument amends the Environment Protection and Biodiversity Conservation Act 1999 - List of CITES Species for the Purposes of the Act (29/11/2001) (13/10/2010)
More...

Native Title Amendment Bill (No. 1) 2010
A Bill for an Act to amend the Native Title Act 1993, and for related purposes First reading (05/10/2010)
More...

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Bill 2010 [2]
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes First reading (05/10/2010)
More...

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Bill 2010 [2]
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003, and for related purposes First reading (05/10/2010)
More...

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Bill 2010 [2]
A Bill for an Act to amend the Ozone Protection and Greenhouse Gas Management Act 1989, and for related purposes First reading. Date Published: 05/10/2010
More...

Water (Crisis Powers and Floodwater Diversion) Bill 2010 [2]
A Bill for an Act to enable the Murray-Darling Basin Authority to manage the water resources of the Basin as a single system during periods of extreme crisis, and for related purposes First reading (05/10/2010)More...

Queensland

Responsible Takeaway Alcohol Hours Bill 2010 [2]
A Bill for an Act to restrict the hours during which takeaway alcoholic beverages can be sold, and for related purposes (13/10/2010)
More...

Civil Dispute Resolution Bill 2010 [2]
A Bill for an Act relating to the resolution of civil disputes, and for related purposes First reading
(05/10/2010)
More...

Cases

Commonwealth

Mentha, in the matter of The Griffin Coal Mining Company Pty Ltd (administrators appointed) (ACN 008 667 285) (No 3) [2010] FCA 1087
Corporations - liquidation – further extension of time for convening second creditors’ meeting pursuant to s 439A(6) of the Corporations Act 2001 (Cth) - reasons justifying further extension – complex liquidation – position of creditors Held: extension granted
More...

Australian Competition and Consumer Commission v Global Green Plan Ltd [2010] FCA 1057
Trade Practices – practice and procedure – breach of undertaking under s 87B Trade Practices Act 1974 (Cth) – orders previously made – whether declaration should be made – role of ACCC in administration of the Act
More...

Victoria

Calcorp (Australia) Pty Ltd & Ors v 271 Collins Pty Ltd[2010] VSCA 259
Appeal – Lease – Terms of settlement agreed between parties – Respondent sought orders that proceeding be reinstated – Whether the agreed sum due as at the execution of the terms of settlement a penalty – Whether a clause of the terms of settlement for indemnity costs a penalty – Whether obligation to pay indemnity costs genuine pre-estimate of damage – Obligation imposed not in the nature of the penalty – Appeal dismissed – Cross-appeal allowed
More...

Perpetual Ltd v Field [2010] VSC 445
Execution ― Warrant of possession of land ― Recovery of possession by Sheriff ― Subsequent re-entry by defendant ― No procedure for reclaiming possession ― Adaptation of existing procedure ― Leave to file another warrant of possession ― R v Elliott [1955] VLR 126 distinguished
More...

Specialist Diagnostic Services Pty Ltd v Healthscope Ltd & Ors [2010] VSC 443
Restraint of trade – construction of restraint of trade provisions in a lease – no geographic limit inherent in one of the restraints – Butt v Long [1953] HCA 76; (1953) 88 CLR 476 – Vancouver Malt & Sake Brewing Co Ltd v Vancouver Breweries Ltd [1934] AC 181 – Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290 – restraint of trade doctrine applies to the provisions – provisions fail both the “existing freedom” test and the “trading society” test – Esso Petroleum Ltd v Harper’s Garage (Stourport) Ltd [1967] UKHL 1; [1968] AC 269 – Quadramain Pty Ltd v Sevastapol Investments Pty Ltd [1976] HCA 10; (1976) 133 CLR 390 – Australian Capital Territory v Munday [2000] FCA 653; (2000) 99 FCR 72 – restraints unreasonable to protect any legitimate interest – duration of restraints unreasonable – benefits to convenantor do not justify restraint. Leases – provisions restraining competition – clauses did not touch and concern the land – Thomas v Hayward (1869) LR 4 Ex 311 – Congleton Corporation v Pattison (1808) 10 East 130 – Vyvyan v Arthur [1823] EngR 276; (1823) 1 B & C 410 – P & A Swift Investments v Combined English Stores Group PLC [1988] UKHL 3; [1989] 1 AC 632 – whether landlord breached doctrine of, or implied covenant of, good faith – contractual doctrines with respect to the implication of good faith obligations apply to leases – whether relationship is unbalanced so that a good faith obligation arises – Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL [2005] VSCA 228 – implied obligation not to derogate from the grant – breach of implied obligation not to derogate from the grant can only occur where conduct is something more than “mere competition” – conduct must render tenant’s business “uneconomic” rather than less profitable – Port v Griffith [1938] 1 All ER 295 – Gordon v Lidcombe Developments Pty Ltd [1966] 2 NSWR 9 – Romulus Trading Co Ltd v Comet Properties Ltd [1996] 2 EGLR 70 – Oceanic Village Ltd v Sirayma Shokussan Co Ltd [2001] L & TR 35. Trusts – provisions in contracts for sale of land that the purchaser will perform all vendor’s covenants and obligations under the tenancies, whether or not those covenants touch and concern the land – purchaser of land holds the land subject to all rights under the tenancies, whether or not the covenants touch and concern the land – Bahr v Nicolay (No. 2) [1988] HCA 16; (1988) 164 CLR 604 – vendor did not evince an intention to hold the benefit of the promises contained in the contracts of sale on trust for the tenant – Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107
More...

Stonnington City Council & Anor v Roads Corporation & Anor [2010] VSC 454
Administrative law – Proposed extended and standardised clearway hours on arterial roads – Validity of directions by Minister to implement proposal – Minister’s power not conditioned by obligation to accord plaintiffs procedural fairness – Effect of Minister’s direction on prior decisions of first defendant – Minister’s direction justiciable in respect of requirements of s 22 Road Management Act 2004 – Effect of determination by Minister under s 125 Road Management Act 2004 – Determination binding on parties but subject to judicial review – Road Management Act 2004 ss 1(1), 1(2), 3, 4(1), 4(2), 5(1), 5(2), 5(3), 20(2), 21, 22, 33, 34(1), 34(2), 34(3), 35(1), 35(2), 35(3), 36, 37(1), 37(2), 38(1), 38(2), 39(1), 39(6), 44, 119A, 125, Schedule 4 clauses 1 and 2, Schedule 4 clauses 4 to 14, Schedule 5 clauses 1 and 2 – Road Safety Act 1986 s 95 – Transport Act 1983 ss 15, 16(1), 16(2), 16(3), 31(1), 38(1), 38(2), Part II – Local Government Act 1989 ss 3C, 3D, 3E, 3F, 205, 206, 207, 208(1), Schedule 11, Part 1A – Planning and Environment Act 1987 s 20(4) – Interpretation of Legislation Act 1984 s 35(b) – Constitution Act 1975 s 85 – Road Safety (Traffic Management) Regulations 2009 regs 8(1), 8(2), 8(3), 10(2), 10(3), 10(4), 20, 22(1), Schedule 1 clauses 22 and 23
More...

Queensland

Harris & Anor v Australand & Anor [2010] QSC 385
Contracts – particular parties – vendor and purchaser – where first plaintiffs entered into a contract with defendant to purchase retail lot – where first plaintiffs provided a bank guarantee – where first plaintiffs purported to terminate the contract – where defendant purported to accept the first plaintiffs’ conduct as repudiation and itself purported to terminate the contract – where defendant claimed damages against the first and second plaintiffs – where defendant argued its solicitors had been negligent – where the defendant brought counterclaim against solicitors that had advised it – where firm joined to proceedings as defendant by counterclaim – whether nature of the defendant’s loss must be characterised – whether it was likely that the first plaintiffs would have experienced financial difficulties in completing the purchase. Procedure – Supreme Court procedure – Queensland – procedure under Uniform Civil Procedure Rules 1999 (Qld) and predecessors – whether court has power to order plaintiff to make disclosure to defendant by counterclaim – whether court can order such disclosure pursuant to Uniform Civil Procedure Rules 1999 (Qld) r 367 or r 658, or chapter 7 part 1 – whether court can order such disclosure pursuant to Supreme Court Act 1995 (Qld) s 283
More...

Whitsunday Regional Council v McCracken & Ors [2010] QPEC 104
Planning and environment – Application for declarations and costs – variation of enforcement orders – whether court ought make declarations as to non-compliance with previous orders – whether council may now seek costs of an earlier application otherwise disposed of – whether respondent frivolous or vexatious in opposing council’s application or in pursuing its own application – whether discretion ought be exercised
More...

Randall v Body Corporate for Runaway Cove Bayside [2010] QCAT 485
Jurisdiction – where Supreme Court order made in relation to levies and apportionment of expenses – where order provided for audit and access to documents – where levies issued and not paid – where applicant sought declaration as to the amount of levy payable – where applicant sought order for delivery of documents – whether a minor civil dispute – whether a complex dispute Queensland Civil and Administrative Tribunal Act 2009 s11, Schedule 3 Body Corporate and Community Management Act 1997 ss 133, 149B
More...

Schnitzel World Pty Ltd v Yung Chon Pty Ltd [2010] QCAT 474
Claim for compensation under Retail Shop Leases Act 1994 –sections 43(1), 43(2)(a), 46A – claim of false or misleading statements or representations and unconscionable conduct - expert witness challenged on expertise and independence – voir dire held – applicant not discharging onus of proof of loss or damage-application dismissedMore...

Mermaids Café & Bar P/L v Elsafty Enterprises P/L [2010] QCA 271
Contracts – general contractual principles – formation of contractual relations – agreements contemplating execution of formal document – whether concluded contract – where parties fell into dispute as to the renewal of a sublease – where parties met on 15 January 2010 in an endeavour to compromise the litigation – where the meeting produced a hand written document signed by the parties – where trial judge read the document by reference to an earlier letter sent by the respondent’s solicitor which was used as the agenda for the meeting – where trial judge made a declaration that the action and counter-claim had been effectively compromised – where appellant argued no binding agreement had been made at the conclusion of the meeting – whether the handwritten document was intended to be an immediately binding agreement – whether any agreement is uncertain and/or incomplete
More...

Arc Holdings (Aust) P/L v Riana P/L & Anor [2010] QCA 269
Conveyancing – statutory obligations or restrictions relating to contract for sale – protection of purchasers – obligations on vendor: disclosure, warnings and like matters – where the appellant entered into a contract to buy land from the first respondent – where the second respondent was the first respondent’s real estate agent – where the appellant purported to terminate the contract pursuant to s 367 of the Property Agents and Motor Dealers Act 2000 (Qld) (“PAMDA”) on the ground that the contract did not include the warning statement required by s 366 – where the appellant sought a declaration that it had validly terminated the contract – where the primary judge found that the appellant was not entitled to terminate the contract as s 366 did not apply as the land was not “residential property” within the meaning of s 17 of PAMDA – whether the primary judge erred in holding that the land was not in an area for “residential purposes” – whether in determining that the land was not “residential property” the primary judge erred in his interpretation of s 17 – whether the primary judge erred in failing to consider the term “future residential purposes” in the definition of “residential purposes” in s 17(4) in determining whether the land was in a “residential area” for the purposes of s 17(1) of PAMDA
More...

Smith & Anor v Miriam Vale Shire Council [2010] QPEC 103
Minor change - appeal against refusal of reconfiguration of 92 hectare lot into two on basis of two “equal-sized” lots, which allayed Council apprehension of possible future subdivision of a larger one originally propose
More...

Contact details

Melbourne

Chris Lovell
National Managing Partner
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Lou Farinotti
Managing Partner - Melbourne
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Partner
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Partner
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Sydney

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Brisbane

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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.