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what’s news in property, planning & environment?

24 april 2008

latest news - national

Memory fails ACR property valuer

10 April 2008 The valuer, at the centre of investigations into the $300 million Australian Capital Reserve collapse, said he was shocked by an email that showed he had negotiated to buy an apartment from the company at a $200,000 discount.   more...

Global property sales come off the boil

The global investment market is expected to have a subdued year ahead following a record 2007, according to Jones Lang LaSalle. According to JLL’s Global Real Estate Capital report, direct real estate transactions for 2008 will fall over 30%, after they were up 8% in 2007 to $US759 billion.

National plan for trading property

11 April 2008 The Federal Government is considering taking a direct equity stake in a new company that will own and control the proposed national electronic conveyancing network.   more...

Increasing court action in off-the-plan contracts

10 April 2008 Developers are feeling the pressure of market uncertainty and the international credit crunch, with a growing number of off-the-plan purchasers using the courts to get out of contracts before settlement. Property Lawyers say investors prefer to spend $60,000 to $70,000 in legal costs to escape their contracts, rather than lose $200,000 on a sinking property market. Off-the-plan contracts have many benefits for developers and purchasers, there are key issues of which developers should be aware including solutions for defective and incomplete work, potential problems arising from a party to the contract becoming insolvent, and the circumstances that may give rise to termination of the contract.

Extreme weather a risky business

7 April 2007 Extreme weather patterns are causing, and will continue to cause, significant property damage across Australia. The question of "who pays" is becoming a serious issue for insurance companies and governments alike. Currently, victims of the effects of climate change catastrophes rely on payouts that are no longer viable as the experience of severe weather activity escalates.   more...

ACCC releases issues paper for water market rules

4 April 2008 The Australian Competition and Consumer Commission today released an issues paper seeking submissions on the development of water market rules. The water market rules form a key component of the Water Act 2007, which creates new institutional and governance arrangements to address the sustainability and management of water resources in the Murray-Darling Basin. The rules will ensure that policies or administrative requirements of operators of irrigation infrastructure who hold a group water access entitlement on behalf of their member irrigators, do not unreasonably prevent or delay trade.   more...

ACCC to probe airport parking fees 

6 April 2008 The Australian Competition and Consumer Commission (ACCC) has been directed to keep track of parking costs and the revenue being made at the nation's 5 major airports. Federal Transport Minister, Anthony Albanese, says “airports should not be able to make super profits from parking. These car parks are a natural monopoly, people don't have a choice and therefore it's appropriate to ensure that the ACCC monitor whether the prices that are being charged are indeed fair”.   more...

ACR auditors, directors summonsed to court

2 April 2008 The auditors and valuers behind the failed $300 million property empire, Australian Capital Reserve, as well as 4 of the company's former directors, have been summonsed to appear before the NSW Supreme Court next week.  ACR liquidator, PricewaterhouseCoopers, has called for legal examinations to determine whether it will proceed with action against those parties associated with the failed empire.   more...

current articles - national

Lean, mean but not so green - Carbon neutral - recent ACCC action Author:  Thomas, David Source:  Keeping Good Companies, Vol 60(3): April 2008; pp163-165

Weathering the effects of climate change - the implications for insurance Author:  Matkovich, Nicholas; Kossowska, Inga Source:  Keeping Good Companies, Vol 60(3): April 2008; pp174-177

The mad rush to decarbonise: Ross Garnaut's unmeetable challenge Author: Evans, RaySource: Quadrant, Vol 53(3): March 2008; pp52-57Subjects:  Garnaut, Ross; Greenhouse effect; Australia overseas comparisons

Fast tracking Certification Author: Romain, Michelle Source:  Property Australia, Vol 22: 7 April 2007; pp56-57 Subjects:  How applying for GECA certification before a GBCA Green Star rating for an office fitout will speed up the process for that green tick of approval

Costs: all about costs assessment 08 Author: Garrett, Paul; Deane, TonySource:  Proctor, Vol 28(3): April 2008; pp23 Subjects:  Description of the recent amendments to the costs provisions of the Uniform Civil Procedure Rules

The environment and its influence on the law Author: Crennan, Susan M Source:  Australian Law Journal, Vol 82(3): March 2008; pp169-179

The blue book : Australian waste industry : 2007/08 industry and market report Author:  WSC Market Intelligence Waste Management and Environment Media Pty Ltd Source:  North Sydney, N.S.W: WCS Market Intelligence and Waste Management and Environment, Media: 2007; pp114 Subjects:  Wastes; Management; Waste storage; Landfills; Environment policy; Recycling; Legislation;  Interstate, comparisons

Recent cases: Justice P W Young Source: Australian Law Journal, Vol 82(3): March 2008; pp164-167 Subjects:  Inalienable land; Lawyers: pressures on debtors - limits; Recission of Contracts; Informed consent; No damages for fear of injury; Specific performance; Striking out applications; Is there a right to an interpreter for litigation before courts and tribunals

Conveyancing and property: Peter Butt (editor) Source: Australian Law Journal, Vol 82(3): March 2008; pp154, 153 Subjects:  Liability of landlords revisited: Estate of Virgona v De Lautour; Easements: Recent decisions: Part one

Environmental liabilities - directors and officers beware Author:  Hall, Jane Source:  Keeping Good Companies, Vol 60(3): April 2008; pp169-173

latest news - victoria

6 April 2008 Business will be expected to massively boost investment in Victoria's stressed environment under a State Government plan to save species threatened by climate change.  Launching a draft blueprint for rebuilding devastated ecosystems over the next 20 to 50 years, Environment Minister, Gavin Jennings, yesterday called on the community to start viewing the restoration of the environment as an economic opportunity rather than a cost.   more...

Activists development jitters

2 April 2008 Community campaigners are losing hope in the fight to save their suburbs.  Planning Minister, Justin Madden, has signalled he is prepared to step in for developers in more planning battles. The warning follows Mr Madden's interference in a Victorian Civil and Administrative Tribunal case last year. It comes as the Government moves to restrict residents' rights to object at VCAT. more...

Government seeks Victorians’Views on East-West report

2 April 2008 The Premier, John Brumby, has called for Victorians to have a say on an independent transport report, which recommends major rail and road upgrades to improve east-west travel across Melbourne.  Public submissions and comments will be considered as part of a formal Government response later in the year. Mr Brumby said the 2 main recommendations in Sir Rod’s report, Investing in Transport, were: building a 17 km rail tunnel linking Melbourne’s western and south eastern suburbs; and an 18 km road corridor that provides an alternative to the West Gate Bridge. more...

Victoria welcomes Federal e-planning commitment

1 April 2008 The Brumby Government has welcomed the Federal Government’s commitment to roll out a $30 million electronic Development Assessments (eDA) program, to help streamline planning approvals.  Richard Wynne said “Victoria has entered a partnership agreement with the MAV to implement our e-Planning roadmap through a staged approach that uses existing systems, and with 79 councils across Victoria, it is critical that there is a state-wide approach to planning systems development”.  

more...

Brumby's housing remedy panned in secret advice to Government

8 April 2008 Internal advice to the State Government casts doubt on Premier John Brumby's promise to cut the cost of an average outer-suburban block of land by up to $10,000 to ease Melbourne's housing affordability crisis. more...

Striking right balance crucial

8 April 2008 Sutherland Shire Council strongly opposes expanding the powers of building certifiers despite leading the way in this form of streamlined development approval. The council claims it has "the right balance," and to go any further would not be in the community's interest.  Last year, 32% of all building work in the shire was approved as complying development (CCDs) by either a council or private certifier. more...

practice notes/directions - victoria

legislation - victoria

Infrastructure Australia Act 2008

10 April 2008 Act - C2008A00017 Number: No. 17, 2008 An Act to establish Infrastructure Australia and the Infrastructure Coordinator, and for related purposes.  

more...

Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Bill 2008

27 March 2008 A Bill for an Act to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, and for related purposes.   more…

Auslink (National Land Transport) Act 2005 - Variation of the AusLink Roads to Recovery List Instrument No. 2008/1

28 March 2008 This instrument amends the list of bodies which are entitled to receive Roads to Recovery funding following councils amalgamations in Queensland.  

more...

latest news - new south wales

current articles - new south wales 

Environmental liabilities - directors and officers beware Author:  Hall, Jane Source:  Keeping Good Companies, Vol 60(3): April 2008; pp169-173 Councils dispute “simpler” approvals

7 April 2008 The last time the planning laws in NSW were "simplified" in 1997, the delays in processing development applications got a lot worse. Last week the Minister for Planning, Frank Sartor, tabled 137 pages of draft legislation and 39 pages of explanatory notes to "simplify" them further. The Federal Government says, new laws governing foreign operators in Australia's general insurance market will give added protection to consumers, while serving the needs of big business.   more...

latest news - queensland

Historic deal for greener Brisbane

12 April 2008 A private property at Burbank, has been the first to be reclassified as a "conservation" area, under a historic environmental covenant with the Brisbane City Council. Sally Jenyn's bushland will remain "untouched" for future generations, as part of the council's GreenHeart CitySmart plan to restore 40% of native animal habitat to Brisbane by 2026. Like this covenant, all future covenants will be legally bound to the property title, so long as the government-of-theday concedes. Mr Newman said “he believes the covenants will be "politically" secure”.   more...

Xstrata faces legal action over lead poisoning

11 April 2008 A Queensland metal mine could face a lawsuit over lead poisoning.  Xstrata's Mount Isa mines is Australia's biggest emitter of several heavy metals, and recent testing has shown one tenth of local children have high levels of lead in their blood. Health officials are soon to report on the issue.  A legal case is being prepared on behalf of a young girl, and lawyers warn more could follow. Xstrata has released a statement saying it takes lead management seriously, and has been reducing emissions since 2000.   more…

Anti-development councils a myth: Property Council

10 April 2008 Fears local councils were elected on ‘antidevelopment’ platforms, have been quashed by the Property Council. Queensland Director, Steve Greenwood, says “the results of a recent Property Council-commissioned survey, which quizzed key candidates as to their approach to pressing development issues, show all elected mayors who responded are supportive of development in their communities”.

Mackay flood bill to hit $163m

8 April 2008 The damage bill from the flood-ravaged central Queensland city of Mackay, is likely to total around $163 million, the Insurance Council of Australia says.   

more...

Office block fetches $11.82 million

10 April 2008 A 1970s-style brick office building in Woolloongabba has sold for $11.82 million, after the previous owner was inundated by potential investors.  ANZ has resigned a 5 year lease deal on the entire premises and the current sub-tenant arrangements are expected to remain in place.   more...

Business parks tipped as future for Brisbane

9 April 2008 Tight vacancies and rising rents in the CBD and city fringe, are forcing tenants and developers alike to reassess the viability of business parks. Following this trend, a 3.75ha site in Rochedale has been flagged for development into a business park by Jones Lang LaSalle and The Silverton Group, who recently found success in their partnership with the Mackay-based Interlink Stage 1 and 2. Jones Lang LaSalle’s recent white paper, titled Business Parks: The Intelligent Accommodation Solution of the Future? found that while vacancy pressures will eventually ease, the CBD and near-city markets have moved to a higher pricing point, and lower-value operations are expected to move towards suburban areas.   more…

Queensland realtors welcome decision

1 April 2008 Queensland homeowners aren't the only ones to breath a sigh a relief over the Reserve Bank's decision today not to hike up interest rates.   more...

A third of Queensland real estate bought unseen

31 March 2008 One-third of new real estate in Queensland is purchased by investors who sign a sale contract before physically inspecting the property, according to Brisbane analyst Michael Matusik of Matusik Property Insights. Known in the industry as buying "site unseen", the practice had been assisted in recent years by the rise of internet real-estate websites and a strong market.   more…

current articles - queensland

Lean, mean but not so green – Carbon neutral – recent ACCC action Author:  Thomas, David Source: Keeping Good Companies, Vol 60(3): April 2008; pp163-165

Case note: The Residential Tenancies Act 1994 -

Delahoy & Grevell v Wuiske & Anor

Author:  Coveney, Gary Source:  Proctor, Vol 28(3): April 2008; pp29

Conveyancing and property: Peter Butt (editor) Source: Australian Law Journal, Vol 82(3): March 2008; pp154, 153 Subjects:  Liability of landlords revisited: Estate of Virgona v De Lautour; Easements: Recent decisions: Part one

cases - queensland

Royalene Pty Ltd v Registrar of Titles & Ors

[2008] QSC 064

Conveyancing - land titles under the torrens system - certificates of title and crown grants generally - cancellation and rectification - where a mortgage was registered over the second defendant’s property to secure a loan fraudulently obtained by the second third party - where the second defendant cross-applied for rectification of the register under s187 of the Land Titles Act 1994 (Qld) (“LTA”) - whether the agents of the plaintiff were guilty of fraud within the meaning of s184 of the LTA.  Conveyancing - land titles under the torrens system - mortgages and encumbrances - rights, liabilities and remedies of mortgagor - redemption and generally - where the second defendant seeks to be indemnified by the first third party for such amounts as may be required to be paid to obtain redemption of the mortgage - where the ‘charging clause’ of the mortgage was inadvertently ruled through prior to registration -whether the release of mortgage could therefore be obtained without the repayment of the loan.  Conveyancing - land titles under the torrens system - mortgages, charges and enumbrances –rights, liabilities and remedies of mortgagor - redemption and generally - where the amount of interest to be paid in redeeming the mortgage is contested - where the mortgage did not make provision for the payment of interest in case of default - whether the court should fix interest on the sum outstanding under the mortgage.

Kingaroy Mall Pty Ltd v E & N Collins Enterprise Pty Ltd & Ors [2008] QSC 066

Procedure - Supreme Court procedure - Queensland

• procedure under rules of court - Summary Judgment - where the respondents allege, inter alia, that the applicants made misleading representations contrary to s52 of the Trade Practices Act 1974 (Cth) (‘TPA”), that the applicants unreasonably refused to consent to a transfer of a lease, that the applicants wrongfully re-entered the leased premises and converted plant and fixtures and that this re-entry and conversion was unconscionable contrary to s51AA of the TPA - where an agreement had been signed purporting to release the applicants from any claims ‘pertaining to’ the tenancy - where the applicants seek summary judgment dismissing the counterclaim
• whether the respondents have no real prospect of success - whether there is no need for a trial of the counterclaim.

Grant v Evans [2007] CCT PE013-07

Extension of time for claim on fund - contravention by real estate agent - awareness of loss in 1994 - District Court action commenced in 1995 and not complete when PAMDAct came into force in 2000 - claim on Fund made in September 2007 within a month of final judgment in District Court - effect of section 119 of Auctioneers and Agents Act 1979 and PAMD Act section 604(3) - claim held commenced in time, and no need for extension.   more..

practice notes/directions - queensland
 

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