In the media
Pandemic may pave way for better urban planning
How we plan and develop urban areas, build infrastructure
and respond to the needs of growing populations are factors
determining the long-term prosperity of cities and people,
according to the United Nations' latest sustainable development
goals report (31 July 2020).
More...
REIA: Lowest quarterly CPI ever shows impact of
COVID
The June 2020 quarter CPI figures show the impact the
COVID pandemic is having on the economy as consumers restrict their
spending and adjust their activities and way of life (29 July
2020).
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Environment review sees more red than green
The Department of Agriculture, Water and the Environment
is to develop new national standards for the protection of the
Australian environment following the interim findings of a report
into the nation's environmental laws (23 July 2020).
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AIA survey reveals need for economic stimulus as
pandemic stalls pipeline
The COVID-19 pandemic has resulted in a significant
stalling of construction projects, finds a new survey by the
Australian Institute of Architects. It identifies energy efficiency
incentives, public building upgrades and investment in social and
affordable housing as priority areas for stimulus (21 July 2020).
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Built-in sustainability a boost for apartment
developers
The Clean Energy Finance Corporation is working with major
developers to address the Australian economy's energy and
emissions challenges – and in the process is demonstrating
the case for increasing sustainability in the property sector (28
July 2020).
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Interim report highlights need for fundamental
reform
GBCA welcomes the proposed establishment of the National
Environmental Standards to support clear and consistent decision
making and to ensure development is conducted in an ecologically
sustainable manner (21 July 2020).
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Victoria
City weighs tighter heritage protection for over 100
buildings
Hoyts Mid City Cinemas, the former MLC building and one of
Melbourne's first 'glass boxes' are among dozens of
postwar buildings which could come under tighter heritage controls
(30 July 2020).
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Melbourne's most sought-after development
projects
Despite being at the epicentre of Australia's Covid-19
outbreak, Melbourne remains a sought-after destination for
international buyers, according to data from REA Group (28 July
2020).
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NSW
NSW government reform to fast-track DAs during
coronavirus pandemic is stifling opposition, residents say
Emergency reforms enacted by the NSW government to
fast-track development applications during the COVID-19 pandemic
have severely impacted the ability of people to protest these
plans, says a community group (27 July 2020).
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NSW fast-tracks next tranche of approvals
The $1.1 billion redevelopment of Blacktown CBD has topped
the latest list of projects to be fast-tracked for assessment under
the New South Wales' continued plans to stimulate construction
and lift the economy (22 July 2020).
More...
Cases
Leane v Dalbon [2020] VSC
461
PRACTICE AND PROCEDURE – setting aside judgment
obtained in the absence of the defendant – extending time
within which to do so – summary order of the Court that the
plaintiff recover possession of property – defendant failed
to attend trial – whether time should be extended –
whether order for possession should be set aside – time
extended and order set aside – Supreme Court (General Civil
Procedure) Rules 2015 (Vic) r 49.02, r 3.02 – Rosing v
Ben Shemesh [1960] VR 1738, Xiao Hui Ying v Perpetual
Trustees Victoria Ltd [2012] VSCA 316 applied –
Vimplane Pty Ltd v Cirss [2005] VSC 45 considered
PROPERTY LAW AND TRUSTS – resulting or constructive trust and
proprietary estoppel – whether facts support a prima facie
case for the recognition of a resulting or constructive trust or a
proprietary estoppel – Prima facie case established –
Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583;
Baumgartner v Baumgartner [1985] HCA 78; (1985) 160 CLR
583; Giumelli v Giumelli (1999) 196 CLR 101; Sidhu v
Van Dyke [2014] HCA 19; (2014) 251 CLR 505 Donis v
Donis [2007] VSCA 89; (2007) 19 VR 577 referred to
ESTOPPEL – former adjudication – whether summary order
for recovery of possession of land on basis that occupier is a
trespasser creates an issue estoppel precluding defendant from
claiming a proprietary interest in the land in proceedings in the
County Court – whether the existence of the issue estoppel
warrants the setting aside of the order for possession –
Blair v Curran [1939] HCA 23; (1939) 62 CLR 464;
Ramsay v Pigram [1968] HCA 34; (1968) 118 CLR 271;
Linprint Pty Ltd v Hexham Textiles Pty Ltd (1991) 23 NSWLR
508 referred to.
Gulliman Pty Ltd v Commissioner of State Revenue (Review
and Regulation) [2020] VCAT
804
Review and Regulation List – Duties Act 2000 (Vic),
s 20(1) – dutiable value in respect of transfer of land
– whether discharge of debt owed by vendor to purchaser in
respect of previous transaction amounts to non-monetary
consideration – whether penalty tax and interest should be
reduced or remitted.
Lai v Beilin (Owners Corporations)
[2020] VCAT 771
Owners Corporation Act 2006 – allegation by three
lot owners that by replacing their front fence without the approval
of the Owners Corporation, the fourth lot owner had breached Model
Rule 5.2 – whether a lot owner in lieu of the Owners
Corporation, can bring an action against another lot to enforce the
Model Rules – whether only the Owners Corporation can apply
to VCAT under s153 of the Act requiring a lot owner to rectify an
alleged breach of the Act, the Regulations or the Rules of the
Owners Corporation. Dismissed.
Jafari v 23 Developments Pty Ltd [No 2]
[2020] VSCA 187
PRACTICE AND PROCEDURE – Court of Appeal –
applications – filing – power of registrar –
application to reopen proceeding after judgment – applicant
had sought special leave to appeal to High Court – special
leave refused – registrar refused to accept application for
filing – applicant sought review of registrar's decision
– final judgment – no power to reopen –
application for direction refused – Bodycorp Repairers
Pty Ltd v Oakley Thompson & Co Pty Ltd [No 2] [2018] VSCA
203 applied – Supreme Court (General Civil Procedure) Rules
2015 r 64.43(1), (5)
One of the issues both at trial and on the application for leave to
appeal concerned whether the land which was to be developed was
contaminated.
Mildura RCC v Lando [2020] VCAT
793
'Workers accommodation' for up to 10 workers
involved with the use of the land for horticulture
(viticulture/table grapes) – application for declaration
under section 149B of the Planning and Environment Act 1987 –
whether the 'workers accommodation' is a separate and
distinct use of the land (i.e. not ancillary) and prohibited in the
Farming zone.
Renex Op Co Pty Ltd v Environment Protection
Authority [2020] VCAT
782
Environment Protection Act 1970 (Vic) s 36D –
application for declarations – Jurisdiction of Tribunal to
make declarations in the context of s 33B(1)(c) and s 33A(6) of the
Environment Protection Act 1970 (Vic) – meaning of 'a
person' and 'concerning any matter' – held
– jurisdiction to make declaration on preliminary question of
standing – Hi Quality Quarry Products Pty Ltd v
Environment Protection Authority (Red Dot) [2016] VCAT 1445
and Port of Portland v Environment Protection Authority
[2019] VCAT 2044 referred to, Ileowl Pty Ltd v Environment
Protection Authority [2015] VCAT 1105 distinguished
Summary dismissal – lack of jurisdiction – misconceived
proceedings – Victorian Civil and Administrative Tribunal Act
1998 (Vic) s 75(1) – amendment of a licence –
application for third-party review of a licence amendment –
Environment Protection Act 1970 (Vic) s 33B(1)(c) – whether
applicant lacks standing to request review of licence amendment
– where licence amended by Authority where no works approval
required – whether Authority undertook proper process –
whether new works approval required – held – applicant
lacks standing to apply for review of licence amendment –
proceeding summarily dismissed – Environment Protection Act
1970 (Vic) ss 19A, 19B, 20A, 33B.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
