Australia: Property & Projects - What's News - 15 November 2011

Last Updated: 21 November 2011
Most Read Contributor in Australia, September 2018

New housing among most taxed sectors in economy

4 October 2011
New housing is one of the most heavily taxed sectors of the Australian economy and its hurting the building industry as well as consumers, according to a new report from Centre for International Economics (CIE) More...

Australian National Registry of Emissions Units released for consultation - Think Change

31 October 2011
The Government has released consultation draft regulations to support the Australian National Registry of Emissions Units (the Registry). The Registry will be used to track Australian carbon credit units generated under the Carbon Farming Initiative and Kyoto units issued under the Kyoto Protocol More...

Changes in green standards for buildings

31 October 2011
''Green building'' regulations commence on 01 November, with building owners and even tenants facing potentially massive fines if their office space does not meet environmental standards when leased or sold   More...

National water resource reporting - National Water Account

3 November 2011
Australia's first National Water Account delivered by the Bureau of Meteorology's provides the most accurate and robust reporting to date of one our most essential natural resources. The National Water Account brings together more than 30 water agencies and reporting partners to provide the most comprehensive snapshot of water information available in Australia More...

Latest news


Urban Renewal Authority established as Places Victoria

3 November 2011
The Hon. Matthew Guy, Minister for Planning has announced the formal establishment of Victoria's new urban renewal authority as Places Victoria. The new authority is built from the former VicUrban structure Urban Renewal Authority established as Places Victoria

Victoria leads country in unit development

31 October 2011
Oliver Hume research finds approvals of new apartments in Melbourne is easily outstripping the other capital cities and has reached a record share of the national market, according to Oliver Hume research More...

Victorian stamp duty payment deadline slashed to aid budget surplus

29 October 2011
Treasurer Kim Wells introduced new laws to the Victorian Parliament that will cut the stamp duty time limit from 90 to 30 days after settlement, helping the government to keep its pledge of a surplus of at least $100 million a year. The change will begin on April 1 next year More...

Cracks begin to show in Victoria's confidence

26 October 2011
Turmoil in international economic markets combined with high state taxes is having an impact on confidence in the Victorian property industry, a new survey by the Property Council of Australia reveals More...

Doncaster Rail planning study underway with contract awarded

26 October 2011
Minister for Public Transport Terry Mulder today announced that the $6.5 million planning work would start immediately for Doncaster Rail planning study underway with contract awarded

Latest news


Queensland's Coastal Management Districts (CMDs) for public consultation

3 November 2011
The Department of Environment and Resource Management has released their latest version of Queensland's Coastal Management Districts (CMDs) for public consultation. CMDs are used to identify and declare coastal areas requiring special development controls and management practices, and are also used to trigger assessable development and the referral of development applications under the Sustainable Planning Regulation 2009 More...

Bligh Government plans 306 projects for South East Queensland – QIP

3 November 2011
The Bligh Government has mapped out 306 projects crucial to the future of South East Queensland, which are projects in the Queensland Infrastructure Plan. Premier Anna Bligh launched the document setting out the state's infrastructure needs for the next 20 years. It will be updated annually. The list is outlined More... and More...

Queensland business investment charges to new high

31 October 2011
The latest DAE Investment Monitor released today shows Queensland has soared to an historic high in the value of projects committed or under construction totalling $100.3 billion for the September quarter 2011. The surge in the value of definite projects has been underpinned by private sector resource projects More...

New neighbourhood disputes legislation in effect
1 October 2011
Attorney General Paul Lucas announces the Neighbourhood Disputes Resolution Act, which replaces the Dividing Fences Act that has been been in effect since 1953. These new laws set the ground rules and also either party to refer the matter to the QCAT agreement can't be reached. The new legislation also includes a clear definition of a sufficient dividing fence and how cost should be apportioned More...

Queensland Blueprint to accelerate renewable energy industry

Energy Minister Stephen Robertson said today the Renewable Energy Industry Development Plan (REIDP) will help Queensland make the most of its renewable energy resources and further reduce greenhouse gas pollution. The plan outlines 23 initiatives the Bligh Government will undertake over two years to facilitate economic development of Queensland's renewable energy industry, generate green jobs, and reduce greenhouse gas emissions and accelerate deployment of renewable energy projects More...



Solar Cities - Catalyst for Change

26 October 2011
Department of Climate Change and Energy Efficiency
A background report for future publications sets the context by providing general information on the Solar Cities, the differences between them, the focus of their trials, the data being collected, and current trial results Solar Cities - Catalyst for Change

Investment-grade climate change policy: financing the transition to the low-carbon economy

24 October 2011
Investor Group on Climate Change
The rate at which private sector capital is being deployed into renewable energy generation and reducing industrial and fugitive emissions is simply not fast enough to avoid unmanageable risks of climate change Investment-grade climate change policy: financing the transition to the low-carbon economy

The development of e-conveyancing in Australia

Insight into the development of PEXA, including the risks and liabilities of the proposed national e-conveyancing system
Author: Simon Libbis
Australian Property Law Bulletin, 2011, Vol 26, No 1, pp2

Practical implications of the PPSA on the Australian property industry

The ramifications for real estate financiers
Author: Jon Denovan
Australian Property Law Bulletin, 2011, Vol 26, No 1, pp6

Statutory right to rescind contract remained available to buyer subject to specific performance Decree - Dunworth v Mirvac Queensland Pty Ltd

Legal ramifications being felt as a result of the Queensland flooding
Author: Bill Duncan
Australian Property Law Bulletin, 2011, pp10

Protection of registered proprietors from fraudulent transfers — the introduction of the Caveat (Improper Dealings)

Landgate have introduced the Caveat (Improper Dealings) in an attempt to deter the high profile crime of property fraud
Author: Eileen Webb

Australian Property

Law Bulletin, 2011, Vol 26, No 1, pp12

Barriers to effective climate change adaptation

31 October 2011
Productivity Commission of Australia The Australian Government has asked the Productivity Commission to identify regulatory and policy barriers to effective Climate Change adaptation, and to identify high priority reform options to address any identified Barriers to effective climate change adaptation



Amendments to the Retirement Villages Act 1999 (Qld) under the Civil Proceedings Bill 2011 (Qld)

Author: Kelli Longworth
This Research Brief looks at one of the aspects of the Civil Proceedings Bill 2011 (Qld), specifically, the changes to the exit fee provisions of the Retirement Villages Act 1999 (Qld), together with a comparison with the situation in New South Wales (October 2011) More...

Practical implications of the PPSA on the Australian property industry
The ramifications for real estate financiers
Author: Jon Denovan
Australian Property Law Bulletin, 2011, Vol 26, No 1, pp6

Practice notes/directions


Consultation: Australian National Registry of Emissions Units (ANREU)

31 October 2011
The Government has released consultation draft regulations to support the Australian National Registry of Emissions Units (the Registry). Comments on the draft regulations will be taken into consideration when finalising the regulations. Public submissions are due by 14 November 2011. For more information or to access the consultation papers visit Carbon Farming Initiative.

Discussion Paper: Investment in infrastructure

The discussion paper provides interested parties with an opportunity to comment on the design and implementation details of the proposal. Consultation on the discussion paper closes on 9 December 2011. Copies of the Discussion Paper are on the Treasury website More... (27 October 2011)

Timetable for Energy Efficiency Information Grants Program

The Government will establish a $40 million program providing grants over four years to industry associations and non-profit organisations that work with small businesses and community organisations. Applications for the first round of grant funding are expected to be sought in the first quarter of 2012. The Department will also engage with potential grant applicants during November and December 2011 (27 October 2011) Read more about Energy Efficiency Information Grants >.

Practice notes/directions


Current Draft Policies and Plans, Announcements

Planning and Environment Amendment (Schools) Bill 2011 is currently before Parliament. The Bill proposes to amend the Planning and

Environment Act 1987 to ensure that the subdivision of land or the making of a building permit application for a school does not trigger a requirement to pay a Growth Areas Infrastructure Contribution. The Bill can be viewed online at:

Practice notes/directions

New South Wales

Home approvals fast-tracked online

28 October 2011
The Minister for Planning and Infrastructure, Brad Hazzard has launched an online tool to revolutionise the housing approval process. The Electronic Housing Code is operational in ten council areas, at Bankstown, Blacktown, Lake Macquarie, Port Macquarie, Rockdale, Shellharbour, Sutherland, Tamworth, The Hills and Tweed Councils   Home approvals fast-tracked online

Practice notes/directions


Neighbourhood Disputes Resolution Act 2011 Qld

1 November 2011
The Neighbourhood Disputes Resolution Act 2011 will commence on 1 November 2011. The Act requires a party to provide a buyer, before the contract is signed, a copy of an application or order subject to the Act. This requirement will be included in the new editions of the contracts



Environment Protection and Biodiversity Conservation Amendment (Protecting Australia's Water Resources) Bill 2011

4 November 2011
A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes More...

Environment Protection and Biodiversity Conservation Amendment (Emergency Listings) Bill 2011

31 November 2011
A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes - Emergency listing process for threatened species More...

Clean Energy (Income Tax Rates Amendments) Bill 2011 and Clean Energy (Tax Laws Amendments) Bill 2011

Author: Kai Swoboda Economics Section
Source: Department of Parliamentary Services, Bills Digest No 65, 2011–12: 27 October 2011
The Clean Energy (Income Tax Rates Amendments) Bill 2011 and Clean Energy (Tax Laws Amendments) Bill 2011, are part of the Clean Energy Legislative Package that implements a carbon price from 1 July 2012 covering parts of the Australian economy. These two Bills, together with the Clean Energy (Household Assistance Amendments) Bill 2011, seek to compensate households for the indirect effect of increases in prices of goods and services as a result of the imposition of a carbon price. More...


Australian Energy Market Amendment (National Energy Retail Law) Act No. 119 of 2011

An Act to amend the Australian Energy Market Act 2004 to apply the National Energy Retail Law, and for other purposes Administered by: Resources, Energy and Tourism Originating Bill: Australian Energy Market Amendment (National Energy Retail Law) Bill 2011 Registered 24 October 2011 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...

Hutchins v Mornington Peninsula Shire Council [2011] VCAT 2007

Removal of the existing restrictive covenant affecting the title of the subject land. Section 77 of the Planning and Environment Act 1987 (merits review) More...

Central Pacific Holdings Pty Ltd & Anor v State of Victoria [2011] VSCA 322

Cc – Sale of land – Sale of the Southern Cross Hotel site – Construction of contract of sale – Vendor agreed to indemnify the purchaser and any related body corporate against liability for payment of any land tax on the hotel site for the period prior to the date of sale – Whether indemnity extended to any related body corporate or only a related body corporate that was substituted as purchaser – In construing contract history of negotiations considered and purpose of the indemnity clause in light of previous land tax issues relating to the site – Held that indemnity only extended to a related body corporate that was substituted as purchaser – Appeal dismissed – s 3(5) of the Melbourne Market and Park Land Act 1933; Land (Revocation of Reservations) Act 1994 considered More...



Nifsan Developments Pty Ltd v Buskey & Anor [2011] QSC 314

Trade and commerce – competition, fair trading and consumer protection legislation – consumer protection – misleading or deceptive conduct or false representations – misleading or deceptive conduct generally – misleading or deceptive: what constitutes – where defendants contracted to purchase apartment off the plan – where apartment was located on ninth-storey of a master-planned residential development and had views of a lake and to the horizon – where the plaintiff seller knew that the buyers were seeking privacy and unrestricted views – where seller's employed salesman represented that the apartment would have unimpeded views of lake and horizon – where seller had policy of not informing sales staff of its development plans – where seller, at the time of the representations, had lodged application to develop the area in front of the subject apartment to eleven storeys – where contract contained "entire agreement" clause – whether seller had reasonable grounds for making representations about future matters – whether seller's representations as to views and silence as to application constituted misleading and deceptive conduct More...

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