Latest news
National
Key infrastructure projects at risk as funding dries
up
The Gillard government's top infrastructure adviser, Sir Rod
Eddington, has warned of economic and social fallout as funding
dries up for important nation building projects. The Infrastructure
Australia chairman said projects continued to be evaluated by the
authority on a rigorous evidence-based process, but there was now
little money available to fund them (23 March 2012)
More...
New expert panel for carbon farming announced by
Government
An expert panel for carbon farming has been appointed to assess
the proposed methods for developing carbon credits under the Carbon
Farming Initiative (CFI). This committee replaces the interim DOIC
set up to fast track the assessment of methodologies submitted for
assessment prior to the CFI commencing (23 March 2012)
More...
Government moves to reform contract law
The federal government is planning to overhaul contract law, with
the goal of eliminating inconsistencies and easing the legal burden
on small business and individuals, with the Attorney-General Nicola
Roxon launching a discussion paper aimed at a review of contract
law to make it simpler, cutting red tape and encouraging trade this
week (22 March 2012)
More...
Legislation introduced to provide advice on CSG and
mining
The legislation will amend the Environment Protection and
Biodiversity Conservation Act 1999 to allow for the establishment
of the Independent Expert Scientific Committee on Coal Seam Gas and
Large Coal Mining Development as a statutory body. The interim
committee will continue until it hands over to the Independent
Expert Scientific Committee from 1 July, 2012 (22 March 2012)
More...
National transport taskforce announced
A new transport taskforce that aims to develop a plan for
Australia's future based on better planning, better land use
management and better transport systems has been announced by the
Infrastructure and Transport Minister. The Taskforce will report in
October on its vision for an active and productive Australia in
2030, focusing on planning, land use and transport, and a roadmap
for governments to achieve this (21 March 2012)
More...
The Minerals Resource Rent Tax (MRRT) - spreading the
benefits of the mining boom
The Minerals Resource Rent Tax (MRRT) was passed by the Senate 0n
20 March 2012, and will help spread the benefits of the mining boom
to all Australians and strengthen the whole economy, according to
the Government. Only super-profitable mining companies will pay the
MRRT and the proceeds will go to cutting taxes for all companies,
to infrastructure, and increased superannuation (20 March 2012)
More...
Australia's carbon price not seen as
excessive
Australia's $23 a tonne carbon price is "not
excessive" and less than that in several major economies, but
the nation is slipping behind the rest of the G20 in preparing to
compete in a low-carbon world according to released reports (19
March 2012)
More...
ATO issues guidance to Australian residents with
undeclared foreign income
Tax Commissioner Michael D'Ascenzo has advised that the ATO
will be focussing on undeclared foreign source income, as outlined
in the latest taxpayer alert. The ATO is concerned that not all
taxpayers are disclosing their taxable offshore income such as
foreign investment income or income earned from inherited assets
(21 March 2012)
More...
Great Barrier Reef shipping impacts to be considered in
mine proposal
Impacts on the Great Barrier Reef will be considered as part of an
Australian Government assessment of whether or not Rio Tinto Weipa
Pty Ltd's proposed South of Embley Bauxite Mine and Port
Development in Queensland can progress under national environment
law (16 March 2012)
More...
RDC: National Planning Report Card
Revealed
The Development Assessment Report Card 2012 reveals that despite
recent reforms, Australia is still not delivering efficient, fair
and consistent planning and development assessment systems. All
spheres of Government must revolutionise its planning systems, new
research from the Residential Development Council (RDC) and the
Property Council of Australia (Property Council) has found (15
March 2012)
More...
Guidance and policy proposals for carbon financial
products released by ASIC
The Australian Securities and Investments Commission (ASIC) has
released regulatory guidance to help businesses comply with their
financial services legal requirements leading up to the
introduction of Australia's carbon pricing mechanism (15 March
2012)
More...
Small Business Commissioner appointed by
Government
The Government has appointed the nation's first Small Business
Commissioner, to work with the Minister for Small Business to
ensure Government agencies take into account the needs of small
businesses (14 March 2012)
More...
Fire Protection Association calls for better grip on
national building code
The Fire Protection Association of Australia has called for a
better understanding of Building Code of Australia requirements to
prevent dangerous fire emergencies, such as the recent office fire
in Melbourne's CBD (22 March 2012)
More...
Latest news
Victoria
Coalition welcomes plans for airport
investment
The Victorian Coalition Government has welcomed the release of
Melbourne Airport's plans for a new domestic terminal. The new
investment by Melbourne Airport and the Coalition Government's
plan is to expand Avalon Airport, to ensure Victoria remains the
premier destination for both domestic and international travellers
(21 March 2012)
Coalition welcomes plans for airport investment
Ministerial-Mayors Advisory Panel meets
Minister for Local Government Jeanette Powell has convened the
2012 Local Government Ministerial-Mayors Advisory Panel (MMAP) for
the first time. The Ministerial-Mayors Advisory Panel will
facilitate greater, more meaningful dialogue between the two arms
of government and provide high level strategic advice on a broad
range of legislative, regulatory, strategic and policy decisions
(21 March 2012)
Ministerial-Mayors Advisory Panel meets
Moorabool turbine squeeze compo claim
The developer behind the 107-turbine Moorabool wind project and a
64-turbine project in Lal Lal is seeking $100,000 in legal costs
from Moorabool Council after a planning dispute (20 March 2012)
More...
Victoria's infrastructure delivery 'too
slow, over budget'
The state's financial watchdog, the Auditor-General, has
slammed the way infrastructure is delivered in Victoria, saying too
many projects are put at risk by insufficient leadership, poor
management and bad advice (18 March 2012)
More...
Implementation Taskforce established
The Premier Ted Baillieu has announced a new taskforce of
experienced executives from the public and private sectors will
oversee a range of improvements to give Victorians better services.
This will help to not only deliver better services, but to also
invest in the infrastructure required to support Victoria's
growth (16 March 2012)
Implementation Taskforce established
Latest news
New South Wales
Pacific Highway Duplication design and planning
shortlisted
The Government has released today the shortlist of consortiums
bidding for the contract to do the detailed planning and design
work on the section between Woolgoolga to Glenugie. Funding is
coming from both the Federal ($4.1 billion) and NSW ($1 billion)
governments (March 2012)
More...
Latest news
Queensland
Flood Insurance Contracts Bill passed
The Insurance Contracts Amendments 2012 (the Bill) has been passed
in the Senate. This Bill implements two key proposals from the
Reforming Flood Insurance: Clearing the Waters discussion paper,
including the final wording of the standard definition of
'flood' and the specific content of the Key Facts Sheet,
will be made in regulations contained in the Insurance Contracts
Regulations 1985 (21 March 2012)
More...
Tax challenge may see states lose mining
profits
Constitutional law experts are warning the states run the risk of
losing their ownership of mineral rights to the Commonwealth in any
legal challenge to the mining tax (20 March 2012)
More...
Valley retailers rejoice at walkway
reopening
Multi-billion dollar property giant Lend Lease, which owned the
Valley Metro building that housed Fortitude Valley train station,
has won a Supreme Court action which led to a walkway being
reopened (21 March 2012)
More...
Commission recommends vendors should disclose flood
data
Vendors will need to disclose flood-related data as part of
changes proposed by the Queensland Flood Commission. The
recommendation urges the Queensland government, in consultation
with the Real Estate Institute of Queensland (REIQ) and the
Queensland Law Society, to implement a mechanism by which
prospective buyers of property are alerted to the issue of flood
risk (21 March 2012)
More...
Damages to flow from Wivenhoe Dam breach
The Queensland government has been exposed to the threat of a
billion-dollar compensation claim from flood victims and insurers
after a royal commission-style probe found the Wivenhoe Dam was
mismanaged and that a cover-up attempted to conceal the truth (17
March 2012)
More...
Long-range forecasts short on use
Former senior flood forecaster for BOM says the forecasts were not
accurate or precise enough to enable political decisions to be made
about lowering levels of dams (15 March 2012)
More...
Commission – new Riverwalk reconstruction must
be overseen
The Flood Commission of Inquiry report has recommended. The design
of Brisbane's new Riverwalk must be overseen by an independent
expertAnd Colleges Crossing near Ipswich should be raised after a
cost benefit analysis and the Moggill Ferry replaced (17 March
2012)
More...
Articles
National
Australia and the future of the Kyoto
Protocol
The Climate Institute Current Kyoto targets lapse at the end of
2012. All countries except Canada are expected to meet these
international commitments (20 March 2012)
Australia and the future of the Kyoto Protocol
The Carbon Unit: Is it Personal Property and Would
Repeal of the Clean Energy Act Demand Acquisition on Just Terms
under the Constitution
Author: Shona Stevens, Queensland Environmental Practice Reporter,
2012, 57(2) On 1 July 2012 Australia's emissions trading scheme
(ETS) will commence. As part of the ongoing debate regarding
whether to introduce the ETS as Australia's key response to
reducing greenhouse gas emissions, it had been questioned whether
the repeal of the Clean Energy Act 2011 (Cth) would result in the
acquisition of property under s51(xxxi) of the Australian
Constitution.
Development Assessment Report Card 2012
Author: MacroPlan Dimasi, Residential Development Council
Efficient, fair and consistent planning and development assessment
systems are essential to delivering economic growth in our
communities (March 2012)
More...
Emissions trading coalitions: leveraging emissions
trading to achieve greater levels of global mitigation
ambition
Author: Salim Mazouz, Erwin Jackson, The Climate Institute
Australia could get more out of its carbon pricing scheme by
focusing its emissions trading efforts on its neighbours rather
than Europe (14 March 2012)
Emissions trading coalitions: leveraging emissions trading to
achieve greater levels of global mitigation ambition
Practice notes/directions
National
Review of Australian Contract Law:
Attorney-General
The Attorney-General Nicola Roxon has released a discussion paper
to explore the scope for reforming Australian contract law. The
Department is seeking views about the problems that businesses and
individuals experience when contracting, and whether reforms could
address these issues. There will be a three-month consultation
period. Submissions must be received by the Department no later
than COB Friday 20 July 2012. (22 March 2012)
More...
Discussion paper: Improving Australia's Law and Justice
Framework: A discussion paper to explore the scope for reforming
Australian contract law -
Regulatory guidance and policy proposals for carbon
financial products - ASIC
Regulatory Guide 236 Do I need a licence to participate in
carbon markets? (RG 236) is designed to help entities and
individuals understand whether they require an Australian financial
services (AFS) licence to provide financial product advice and
other financial services in relation to carbon markets and
emissions units (15 March 2012)
More...
Proposals for applying its current AFS licensing
– ASIC Consultation
ASIC is consulting on proposals for applying its current AFS
licensing policies to licensees providing financial services in
relation to emissions units. Consultation Paper 175 Carbon
markets: Training and financial requirements (CP 175) invites
feedback on our proposals for applying our current polices on
training for financial product advisers and financial requirements
to these licensees. Submissions close on 10 April 2012 (15 March
2012)
More...
Practice Notes - VCAT
The Victorian Civil and Administrative Tribunal (VCAT) has
released a number of new Practice Notes that aim to ensure greater
uniformity and efficiency in tribunal practices.
The following Practice Notes apply to all Lists at VCAT :
PNVCAT1 - Common Procedures;
PNVCAT2 - Expert Evidence;
PNVCAT3 - Fair Hearing Obligation;
PNVCAT4 - Alternative Dispute Resolution (ADR); and
PNVCAT 5 - Directions Hearings & Urgent Hearings.
The Practice Notes commenced on 15 March 2012
Practice notes/directions
New South Wales
NSW: Legislation Alert Concerning OH&S
Responsibilities of a Body Corporate
A body corporate responsible for common areas used only for
residential purposes is excluded from the definition of a person
conducting a business or undertaking (PCBU – the new term
that includes employers) under the Work Health and Safety
Regulation 2011, unless the strata title body corporate employs a
worker (20 March 2012)
More...
Practice notes/directions
Queensland
DERM: Prosecution announced
A company has been fined $195 000 and ordered to pay costs of $100
000 for releasing contaminants while carrying out abrasive blasting
activities. The defendant pleaded guilty to seven offences against
section 435(2) of the Environmental Protection Act 1994 (EP Act)
(March 2012)
More...
Legislation
Victoria
Commonwealth
Fit and Proper Person Specified Matters
2012
This instrument specifies matters the Minister must take into
account when determining whether a body corporate, or a person who
exercises a degree of control or influence over the operation of a
body corporate, seeking approval as a higher education provider or
a VET provider, is a fit and proper person (19 March 2012) More...
Progress of Legislation
The Minerals Resource Rent Tax (MRRT) is a tax on
the economic rents miners make from the taxable resources (iron
ore, coal and some gases) after they are extracted from the ground
but before they undergo any significant processing or value add.
'Economic rent' is the return in excess of what is
needed to attract and retain factors of production in the
production process - Passed Senate (19 March 2012) This
includes:
Petroleum Resource Rent Tax (Imposition—General) Bill
2011
Minerals Resource Rent Tax (Imposition—Excise) Bill
2011
Minerals Resource Rent Tax (Imposition—Customs) Bill
2011
Minerals Resource Rent Tax (Consequential Amendments and
Transitional Provisions) Bill 2011
Petroleum Resource Rent Tax Assessment Amendment Bill 2011
Minerals Resource Rent Tax Bill 2011
Telecommunications Legislation Amendment (Universal
Service Reform) Bill 2011
The Telecommunications Universal Service Management Agency Bill
2011 (the Bill) forms part of a package of legislation to achieve
continuity of key telecommunications safeguards in the transition
to the National Broadband Network (NBN). Passed Senate with
Amendments (20 March 2012)
Cases
Victoria
Damco Nominees Pty Ltd v Moxham [2012] VSC
79
SALE OF LAND - Purchaser's inability to complete contract
- Lack of finance - Vendor's service of notice requiring
default to be remedied - Dispute over validity of notice - Caveat
lodged by purchaser - Vendor's termination of contract for
failure to remedy default - Action to remove caveat - Default
notice not invalid - Contract terminated - Caveat ordered to be
removed - Transfer of Land Act 1958 (Vic), s 90(3) EQUITY - Relief
against forfeiture - Termination of contract by vendor for
purchaser's failure to complete - Finance subsequently
available - Applicable principles - Relief unavailable More...
Grant & Anor v Preece [2012] VSC 55
RESTRICTIVE COVENANTS - Section 84(1) Property Law Act 1958
– Application to modify single dwelling covenant -
Applicable legal principles - Construction of
"obsolescence" and "substantial injury" -
Estoppel by reason of conduct of previous registered proprietor of
the defendant's land More...
MyEnvironment Inc v VicForests [2012] VSC
91
ENVIRONMENTAL LAW – Proposed logging at three coupes
near Toolangi – Application for permanent injunction
restraining logging – Whether proposed coupes contain
Leadbeater's Possum zone 1A habitat – Flora and
Fauna Guarantee Act Action Statement – Central Highlands
Forest Management Plan – Construction of relevant
management prescription – Hollow-bearing tree means
mature or senescing tree containing hollows – No evidence
that proposed coupes contain sufficient density of hollow-bearing
trees to constitute zone 1A – Obligation to comply with
precautionary principle – No threat of serious or
irreversible damage – Proposed adaptive management
measures not proportionate to threat – Application
dismissed – Sections 3, 4, and 22 Forests Act 1958; ss 4,
5, 6, 7, 10, and 31 Conservation Forests and Lands Act 1987; ss 1,
4, 5, 6, 13, 14, 15, 16, 17, 18, 19, 37, 38, 39, 40, 43, 44, and 45
Sustainable Forests (Timber) 2004; ss 1, 3, 4, 7, 8, 11, 17, 19,
and 20 Flora and Fauna Guarantee Act 1988 - Environment East
Gippsland Inc v VicForests [2010] VSC 335 - Telstra Corporation
Limited v Hornsby Shire Council [2006] NSWLEC 133; (2006) 67 NSWLR
256 More...
Halvorsen Pty Ltd v Stonnington CC [2012] VCAT
235
policy - council's planning scheme contemplates and
endorses urban consolidation and anticipates higher scale
development on major thoroughfares therefore maintaining the lower
residential scale in residential areas – court satisfied
that there will be minimal unsuitable impacts upon the adjacent
dwellings in Francis Street which leads into lower scale one and
two storey cottage and townhouse type residential developments More...
Berger v Lysteron Pty Ltd & Ors [2012] VSC
95
TRUSTS – Removal of trustee of discretionary trust
– Whether power of removal a fiduciary one –
Allegation that appointor had breached duties by not acting
exclusively in the interests of the objects as a whole and by
acting arbitrarily and capriciously – Whether plaintiff
had made out breaches More...
Sitzler Savage Pty Ltd v Northen Mining Holdings Pty Ltd
& Anor [2012] VSC 104
PRACTICE AND PROCEDURE – Application for leave to
discontinue proceedings – Plaintiff joined without its
authority – Whether costs should be awarded against
non-party and legal representatives – Costs –
Discretion of the Court to award costs – Whether costs
awarded on a 'solicitor client' or
'indemnity' basis – rr 25.02, 25.05, 63.15
and 63.23 of the Supreme Court (General Civil Procedure) Rules 2005
– s 24 of the Supreme Court Act 1986 – costs on
indemnity basis awarded More...
Lemansen Pty Ltd v Boroondara CC [2012] VCAT
266
Section 77 of the Planning & Environment Act 1987; Boroondara
Planning Scheme; repeat appeal; medium density housing; built form;
off site amenity impacts; provision of car parking More...
Woodbank Nominees Pty Ltd v Greater Dandenong CC [2012]
VCAT 268
Section 79 of the Planning and Environment Act 1987; Greater
Dandenong Planning Scheme; Business 1 Zone; Design and Development
Overlay Schedule 5; Major activity centre, Four storey building;
Student housing over shops; Housing choice; Public realm; Amenity
of residents; Access to sunlight; Car parking; Loading and
unloading More...
Markouski v Whitehorse CC [2012] VCAT 267
Application under section 77 of the Planning and Environment Act
1987; Whitehorse Planning Scheme; Application to Remove an
Easement; Council refusal based on lack of consent of adjoining
land owner; Issues to be considered relate to the need/requirement
for easement and any material detriment if it is removed More...
James W Sadler Pty Ltd v Knox CC [2012] VCAT
257
Section 79 of the Planning & Environment Act 1987; Knox
Planning Scheme; Residential 1 zone; Design and Development
Overlay; Amendment C62; apartment building; policy context;
building height; whether outstanding architectural design; impact
on amenity of neighbours; amenity of apartments; overdevelopment More...
Studio Antonio Calabro Pty Ltd Architects v Melbourne CC
[2012] VCAT 253
Section 77 of the Planning and Environment Act 1987; Melbourne
Planning Scheme; Mixed Use Zone; Heritage Overlay; Apartment
building; Four levels over 2 basements; Height, massing and
materials; Car parking; Impacts of construction on an adjacent
heritage building – no permit More...
Cases
Queensland
Cohn and Ors v Gandhi and Anor [2012] QCAT
084
Where a question of whether the Act applies to the tree
– the tree has been maintained as a condition of
development approval More...
McElligott v Commonwealth Bank of Australia [2012] QCA
061
CONVEYANCING – MATTERS ARISING AFTER COMPLETION
– OTHER MATTERS – CAVEATS AGAINST DEALINGS
– where appellant lodged a registered owner's
caveat against land on behalf of a company in liquidation
– where the caveat prevented registration of a transfer
of the land and mortgage over the land – where the
mortgagee applied for removal of the caveat pursuant to s 127 Land
Title Act 1994 (Qld) – where the caveat was based upon
alleged fraudulent conduct – where the alleged fraudulent
conduct related to persons other than the transferee and mortgagee
– whether the primary judge's discretion under s
127 Land Title Act 1994 (Qld) miscarried in ordering that the
caveat be removed. PROCEDURE – COURTS AND JUDGES
GENERALLY – COURTS – OTHER MATTERS –
whether the primary judge erred in refusing to stay an order for
removal of a caveat to permit the appellant to add a party to the
proceeding
APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the respondent contends that the appellant advanced the same hopeless position on appeal as at first instance – whether costs should be awarded on the indemnity basis 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.