Latest news
National
Think Change with the Clean Energy Regulator
The Minister for Climate Change and Energy Efficiency has
announced the
Clean Energy Regulator will begin operation from 2 April
2012. The Clean Energy Regulator will be a statutory
authority responsible for administering the carbon pricing
mechanism, the
National Greenhouse and Energy Reporting Scheme, the
Renewable Energy Target and the
Carbon Farming Initiative. (16 November 2011)
More...
BREE Electricity Report Shows Investors Need Certainty
The release of the Bureau of Resources and Energy
Economics' (BREE) annual publication shows the transformation
of Australia's energy mix has begun, with 37 per cent of the
committed new investment in gas and 41 per cent in wind. The fall
in the number of completed electricity projects over the twelve
months to October 2011 highlights the need for investment certainty
in the electricity generation sector (16 November 2011)
Electricity Report Shows Investors Need Certainty
ACCC issues carbon price claims guide for businesses
The Carbon Price Claims guide for business is intended to
provide initial assistance to businesses preparing for the
implementation of the Carbon Pricing Mechanism. The ACCC will
continue its programme of engagement with the business community
and with the development of further guidance for consumers and
industry (15 November 2011)
ACCC issues carbon price claims guide for businesses
Green Star Performance from the Green Building Council of Australia
The development of Green Star Performance continues with a
third of the proposed credits already in a draft format. Once the
tool is released, the GBCA will be developing new education
resources specifically geared for building operators and the
facilities management industry (10 November 2011)
More...
Federal Government passes Clean Energy Future legislation
The Clean Energy Future legislation has passed through the
Senate and will put a price on pollution, foster renewable energy
technologies, encourage energy efficiency and create opportunities
to reduce pollution on the land. A fixed carbon price of $23 a
tonne will apply from 1 July, 2012, moving to a flexible price
after three years, and Nine out of 10 households will receive
compensation (08 November 2011)
More...
Commonwealth Heritage List includes Post Offices
The Minister for Sustainability has announced the inclusion of
43 post offices from around Australia on the Commonwealth Heritage
List, throughout Queensland, Victoria, Tasmania, New South Wales
and Western Australia (07 November 2011)
More...
Victoria
Victorian Infrastructure Deserves National Support
The release of the Victorian Government's
Infrastructure Australia submission today shows a deep level of
planning and seeks support for major projects that will deliver on
key national objectives, says Infrastructure Partnerships Australia
(17 November 2011)
More...
Million dollar investment in Norlane businesses, jobs and housing
Minister for Housing Wendy Lovell has announced a four-year,
$80 million housing project that will see more than 320 new public
and affordable private homes built in the suburb of Norlane,
Geelong (16 November 2011)
$80 million investment in Norlane businesses, jobs and
housing
Victorian councils given climate change warning
Victoria's planning umpire says councils in northern
Victoria need to consider how climate change could affect new
developments on riverbanks. VCAT ruled that any flooding at the
site could put emergency crews, services and the home's
residents at risk (14 November 2011)
More...
Latrobe Valley mining covenant to go
The Victorian Government is planning to remove a mining
covenant in the Latrobe Valley to free up land for development.
Landowners who certainly have not had the ability to develop as
they would like because of the SUZ5 covenant (14 November
2011)
More...
VCAT Discliplinary Inquiry for RT Edgar and agent's representative
The Director of Consumer Affairs Victoria has applied for
disciplinary inquiries against both the corporate licensed estate
agent RT Edgar (Toorak) Pty Ltd, and agent's representative
Gregory Herman-Moore, under the Estate Agents Act 1980 (09
November 2011)
VCAT Inquiry for RT Edgar Toorak Pty Ltd and agents
representative
New South Wales
Feedback sought on revised development control plan for Warnervale Town Centre
Feedback is being sought on a proposal to transfer the
Warnervale Town Centre's planning controls to Wyong Shire
Council and encourage a wider range of residential development in
the heart of the centre (16 November 2011)
Feedback sought on revised development control plan for Warnervale
Town Centre
Business sector calls for city centre economic study
Business groups representative of a broad cross section of
interests are calling for Wollongong City Council to undertake an
economic analysis to determine the best outcome for the Crown St
Mall as part of a wider investigation on revitalising
Wollongong's city heart (14 November 2011)
Business sector calls for city centre economic study
Stormwater harvesting investment in Chatswood
Officially opened at the launch of the Environmentally
Sustainable Design Initiatives at The Concourse in Chatswood, the
Integrated Water Management project showcases the benefits of
reducing demand for potable water through stormwater harvesting and
re-use in high-density urban centres (15 November 2011)
More...
Government delivers 1,000 new homes and 2,500 jobs in Penrith
The Minister for Planning and Infrastructure announces 1,000
new homes and new employment opportunities for the hub of Western
Sydney in Penrith. The site will provide a range of housing types
including studios, detached dwellings, multi-unit housing and
apartments – almost 200 dwellings will be reserved for
seniors, aged care, affordable and social housing ( 12 November
2011)
Action Station in Penrith - O'Farrell Government delivers 1,000
homes and 2,500 jobs
New planning controls for Dubbo to support residential growth
Additional housing and employment land are earmarked in
Dubbo's new council-wide planning controls, which have received
NSW Government approval. The new council-wide local environmental
plan (LEP) was approved by the Department of Planning and
Infrastructure, under delegation from the Minister (11 November
2011)
New planning controls for Dubbo to support residential growth and
employment
Queensland
Federal Government fixing flood insurance
Every Australian seeking to purchase or renew home and
contents insurance will be offered flood cover using a common sense
definition of 'flood' under proposals announced by
Assistant Treasurer Bill Shorten and Attorney General Robert
McClelland. The announcements are part of the Gillard
Government's response to the 47 recommendations in the final
Natural Disaster Insurance Review (the Review) report (14 November
2011)
Wivenhoe Dam levels to be reduced by State Government
The full supply level of the Wivenhoe Dam will be reduced to
75 per cent, to prepare for the coming wet season and made in
accordance with recent amendments to the Water Act. The decision to
lower Wivenhoe Dam levels follows extensive expert advice from
Seqwater, the Water Grid Manager, the Queensland Water Commission
and the Department of Environment and Resource Management (13
November 2011)
More...
Valuer-General annual valuations for rateable local government areas in 2012
Queensland's Valuer General Neil Bray has announced that
landowners in all rateable local government areas would receive new
land valuations in 2012. Up to 1.6 million land valuations were due
to be issued to landowners prior to 31 March 2012 (10 November
2011)
More...
Reconstruction of Brisbane River icons
Acting Premier Andrew Fraser and Federal Minister Assisting
the Attorney General on Queensland Flood Recovery, Senator Joe
Ludwig announced the approval of $48million in reconstruction funds
for the projects. The State and Commonwealth have allocated up to
$145 million to fast-track reconstruction of the Brisbane CityCat
and ferry terminals and the Brisbane Riverwalk (10 November 2011)
More...
Unreasonable Queensland landholder claims rejected
The Natural Resources Minister has rejected claims by
landholders union AgForce that land rents represent an unreasonable
imposition on pastoral leaseholders. Around 50 per cent of all land
in Queensland is held in pastoral leases for which graziers pay on
average 0.5 per cent of the unimproved value per year in rent (09
November 2011)
More...
Articles
National
Reforming the Native Title Act
Author: The Australian National University
In this report, Jon Altman seeks to explore the ramifications
of the Native Title Act Reform Bill, a private senator's bill
introduced by Senator Rachel Siewert of the Australian Greens (17
November 2011)
Reforming the Native Title Act
The interplay of foreign multinational corporations
and the state in environmental governance
Author: Delphine Rabet , Australian Political Studies
Association
This paper explores the mechanisms through which multinational
corporations the environmental regulatory policies of states (16
November 2011) The
interplay of foreign multinational corporations and the state in
environmental governance
The resources boom and macroeconomic policy in Australia
Author: Bob Gregory, Peter Sheehan
Australia is in the midst of the most remarkable resources
boom in its history, but the domestic economy is slowing. How can
both of these things be happening at the same time (11 November
2011)
The resources boom and macroeconomic policy in Australia
Practice notes/directions
National
Carbon price claims - Guide for business This guide is to assist you to understand your rights and obligations as a business operator when making claims about the impact of a carbon price. It focuses on prohibitions against misleading, deceptive or false claims under the Australian Consumer Law (the ACL) – part of the Competition and Consumer Act 2010 (Cth) (the Act) (14 November 2011) More...
Clean energy (carbon price) legislation package
The
Clean Energy legislation has been passed by the Senate 08
November and is awaiting Royal Assent. The new laws introduce the
carbon tax reforms and make consequential amendments to other
pieces of legislation including the Competition and Consumer Act
2010 . The reforms will commence on 1 July 2012.
Parliamentary Library Bills Digests are listed here:
Clean Energy Bill 2011 [PDF
2MB]
Clean Energy (Household Assistance Amendments) Bill 2011 [PDF
888KB]
Clean Energy (Income Tax Rates Amendments) Bill 2011 and Clean
Energy (Tax Laws Amendments) Bill [PDF
90KB]
Clean Energy Regulator Bill 2011 [PDF
736KB]
Climate Change Authority Bill 2011 [PDF
602KB]
Current Draft Policies and Plans, Announcements
The Growth Areas Authority has released the draft Growth Corridor Plans and is inviting public comment until Tuesday 20 December.
New South Wales
Reminder from OSR: Transfer land or business - Duties Client Identification
From Monday 12 December 2011, OSR will be collecting Client
Identification (CI) information for all parties liable to or exempt
from transfer duty under Chapters 2, 4, 11 and 12 of the Duties Act
1997.
Queensland
Current Draft Policies and Plans, Announcements
Premier calls on insurers to look after Queenslanders this wet season
The Commonwealth Government this week agreed with the need for
a standard definition of'flood' and will draft regulations
for consultation by the end of the year. The standard definition
proposed by the Commonwealth Government is:
Flood means the covering of normally dry land by water that
has escaped or been released from the normal confines of:
A. any lake, or any river, creek or other natural watercourse,
whether or not altered or modified; or
B. any reservoir, canal, or dam. (17 November 2011)
More...
Legislation
Commonwealth
Parliament of Australia Bills Digest
Australian Renewable Energy Agency Bill 2011 [PDF
586KB] – 09 November 2011
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2011 [HTML] [PDF 589KB] – 08 November 2011
Victoria
Bills
Liquor Control Reform Further Amendment Bill 2011
A Bill for an Act to amend the Liquor Control Reform Act 1998
to introduce a demerit points system for licensees and permittees
involved in non-compliance incidents, to introduce a licence for
wine and beer producers, to recognise the importance of live music
and for other purposes (10 November 2011)
State Taxation Acts Further Amendment Bill 2011
A Bill for an Act to amend the Payroll Tax Act 2007, the
Duties Act 2000, the Land Tax Act 2005, the Taxation Administration
Act 1997, the Livestock Disease Control Act 1994 and the Valuation
of Land Act 1960 and for other purposes (10 November 2011)
Cases
Victoria
Baker & Ors v Ambridge Investments Pty Ltd (in liq) & Ors [2011] VSCA 334
Joint venture – Conduct giving rise to implied
agreement of joint venture – Sale of land –
Company registered owner of land – Whether company owns
land beneficially or holds it on trust – Trial judge
found joint venture agreement evolved by drawing inferences from
undisputed facts – Whether inferences open to be drawn
– Trial judge did not err in drawing inferences
– Appeal dismissed More...
Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2011] VSC 581
Practice and procedure – Application –
Admissibility of evidence – Compulsory land acquisition
– Application to exclude expert valuation evidence
– Independence and impartiality of expert witnesses
– Whether an expert witness has become an advocate for
their client – Expert Witness Code of Conduct –
Evidence Act 2008 (Vic) ss 79, 135 – Civil Procedure Act
2010 (Vic) Parts 2.3 and 2.4 – Supreme Court (General
Civil Procedure) Rules 2005 (Vic) O 44 – Dasreef Pty Ltd
v Hawchar [2011] HCA 21; (2011) 277 ALR 611 - Phosphate Cooperative
Co of Australia Pty Ltd v Shears [1989] VicRp 60; [1989] VR 665
– Application dismissed - the Court is asked to
determine the amount of compensation to which the respondent,
Murdesk Investments Pty Ltd, is entitled as a result of the
compulsory acquisition of the subject land 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...
Richmond Football Club Limited v Verraty Pty Ltd (ACN 076 360 079) (Retail Tenancies) [2011] VCAT 2104
Landlord and tenant – retail lease - surrender and
re-grant – s46 and s50 Retail Leases Act 2003 –
Ministerial Order S I84. RESTITUTION – Money paid
under mistake – Claim for money had and received
– Defences – Good consideration –
Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd - Estoppel
by convention – Estoppel by representation –
Unconscionable conduct - Counter-restitutionary claim –
Statute of Limitations. More...
New South Wales
Richard Van Brugge & Anor v Meryl Lesley Hare & Anor [2011] NSWSC 1364
The plaintiffs' use of the inclinator is expressly
authorised by the terms of the easement. Injunction granted to
prevent interference with the plaintiff's' rights to use
the easement. Real property - Torrens Title - easement - plaintiffs
have benefit of right of way "with or without vehicles"
over defendants' steeply sloping land - mechanical inclinator
built over the length of the easement - defendants' prevent
plaintiffs' using inclinator without the defendant's
permission - whether plaintiffs have express or ancillary rights to
the use of the inclinator under the terms of the easement More...
Celermajer Holdings Pty Ltd v Kopas[2011] NSWSC 40
Landlord and tenant - whether owner of residential premises is
entitled to possession as against the long term occupants of those
premises - whether the defendants have an equitable life tenancy of
the premises - HELD - no equitable life tenancy - the nature of the
defendants' tenancy of the premises - whether the premises are
controlled premises, and the tenant a 'protected tenant',
under the operation of the Landlord and Tenant (Amendment) Act 1948
(NSW) - HELD - the first defendant is the sole tenant pursuant to a
periodic monthly tenancy at common law on the terms of a previous
holding-over tenancy - as revised, the plaintiff has established
that the premises are not controlled premises and that the tenant
is not a 'protected tenant' under the Landlord and Tenant
(Amendment) Act 1948 (NSW) - notice of termination valid under the
Residential Tenancies Act 1987 (NSW) - plaintiff entitled to
possession More...
Tanlane Pty Ltd v Moorebank Recyclers Pty Ltd (No 2) [2011] NSWSC 1286
Real property- easements- Conveyancing Act 1919, s 88K-
necessary pre-conditions for making an order; reasonable necessity,
public interest, compensation and discretion, to be considered as a
whole, not scored under separate heads- whether possible to grant a
conditional easement to prevent sterilization of servient tenement-
conditional easement granted.ISSUE ESTOPPEL- whether the precise
question of fact or law was determined in the earlier proceedings
as a fundamental basis for the decision- question was whether
consent for road bridge required a weight capacity which would
accommodate the defendant's trucks- question was not a
fundamental basis of the earlier proceedings therefore judge not
estopped from considering the issue More...
Hoxede Pty Lid as trustee of the Starr Family Trust v Chief Commissioner of State Revenue [2011] NSWADT 251
decision under review is affirmed. Primary production
exemption - rural land - dominant use test - significant and
substantial purpose test- zoning. Land Tax Management Act
1956 More...
De Meyrick v Dimitriou [2011] NSWSC 1291
Real property - Caveat - Caveator seeks leave under (NSW) Real
Property Act s 74O to lodge further caveat - whether caveat has or
may have substance - caveator claims interest in land as
unregistered mortgagee - mortgage secures moneys due in respect of
proposed legal proceedings - caveator has prima facie interest in
caveatee's land - balance of convenience - comparison of
potential harm to caveator if order incorrectly not made and to
caveatee if order made incorrectly - no prejudice to caveatee
identified - necessity to consider circumstances in which caveat
lapsed in applications under s 74O - such circumstances overlap
with analysis of balance of convenience lies - caveator claims not
to have been notified caveat had lapsed - no suggestion caveatee
took action in reliance on caveat lapsing - leave to lodge fresh
caveat granted More...
Co Funds Management Pty Ltd v Owners Corporation SP 78945 (Strata & Community Schemes) [2011] NSWCTTT 488
Strata Schemes Management Act 1996 Appointment of a strata
managing agent where the Owners Corporation is not functioning
satisfactorily
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.