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
Victoria
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
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...
Articles
National
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
Articles
Queensland
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
National
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
Victoria
Current Draft Policies and Plans, Announcements
A
Best Practice in Environment Effects Statements Seminaris being
run on 9 November 2011.
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:
www.legislation.vic.gov.au
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
Queensland
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
Legislation
Commonwealth
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...
Acts
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...
Cases
Victoria
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...
Cases
Queensland
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...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.