Latest news – National
Caring for our Country Review Final Report
released
The final report on the review of the Caring for our Country
natural resource management initiative was released this week. The
review found that Caring for our Country is on track to meet all of
its goals and is supporting the community to protect and conserve
the environment and increase the adoption of sustainable land
management practices (18 April 2012)
More...
Water trade proving a valuable tool for Basin
communities
Launching the latest National Water Commission report, the
Commissioner, Laurie Arthur, said effective and efficient water
markets will continue to be vital in minimising the economic and
social costs of managing fluctuating seasonal conditions and
commodity markets, adapting to climate change, and moving to
sustainable levels of extraction (18 April 2012)
More...
Compromising Standards Under National Licensing is
Unacceptable
The Real Estate Institute of Australia (REIA) has called for
standards in the licensing of real estate agents to be maintained
at a high level following the COAG Communique of 13 April detailing
progress on establishing a national occupational licensing system
(16 April 2012)
More...
Latest news – Victoria
Vic premier says six-star rating will
stay
Victorian Premier Ted Baillieu says the government has no plans to
dump six-star energy rules for new homes. The six-star energy
efficiency standard has been a state regulation for all new homes
since May last year (16 April 2012) More...
Nunawading parkland's future secured
After a decade of uncertainty, 11 hectares of Nunawading parkland
is to be transferred from VicRoads ownership to the Department of
Sustainability and Environment (DSE), Minister for Roads Terry
Mulder announced VicRoads no longer requires the land as part of
the freeway reservation (16 April 2012)
More...
Developer awarded $2.2m damages in shonky building
dispute
A Property developer has won more than $2 million in damages for
rectification works and lost rental income. The VCAT ruling came
two years after the Victorian Building Commission was notified
about sub-standard work on the $4 million development (18 April
2012)
More...
Australia's third-tallest skyscraper is
approved
Planning Minister Matthew Guy has granted a permit with conditions
for a $275 million high-rise tower on the site of the former
Queensbridge Hotel at 1-15 Queensbridge Street, Southbank. A number
of stringent conditions are attached to the permit to appropriately
respond to Melbourne City Council's views. Details of the
proposal by Schiavello (Vic) Pty Ltd are outlined in the planning
permit available at www.dpcd.vic.gov.au/planning/permits
(18 April 2012)
More...
Court rules on demands for payment by private car parks Consumer Affairs Minister Michael O'Brien announced his support for a decision that protects consumers against private car park operators who use misleading tactics by issuing "fines" with no legal authority. The Director of Consumer Affairs Victoria v Parking Patrols Vic Pty Ltd & Anor [2012] VSC 137 (13 April 2012) was a landmark case for anyone who has ever been fined by a private car park operator as only governments and their agencies can issue fines for legal breaches (13 April 2012) Consumer Affairs Minister's media release
Latest news – New South Wales
Australia and China MOU on Enhancing Cooperation in
Infrastructure Construction
The Australian and Chinese governments have signed an historic
Memorandum of Understanding to strengthen cooperation on delivering
infrastructure for both nations. The MOU will mean closer
co-operation on planning of projects, exchanging information on
investment opportunities and technical expertise, training and
education, joint conferences, as well as joint infrastructure
projects in the future (10 April 2012)
More...
Latest news – Queensland
Oil giants fight laws on offshore energy
projects
The federal government faces a backlash against plans for stronger
"use it or lose it" laws on offshore oil and gas
projects. The government's draft energy white paper aims to
reform the much-criticised system that allows petroleum giants to
hold and then roll over their offshore reserves in five-year blocks
without developing them (17 April 2012)
More...
Payouts to penthouse buyers reduced in
court
The owners of two luxury Sunshine Coast penthouses who
successfully sued the developer after their ocean views were
blocked have had substantial amounts slashed from their
compensation payouts. The Court of Appeal in Brisbane ruled in
favour of the developer Mark Bain Constructions in regards quantum
of the compensation (19 April 2012)
More...
Gasfields commission to restore CSG
confidence
The LNP Government announces the establishment of the Gasfields
Commission to restore Queensland's confidence in the CSG
industry. The Deputy Premier and Minister for State Development,
Infrastructure and Planning, Mr Seeney, said the Toowoomba-based
Commission would work with the Government to ensure the CSG
industry struck the right balance to meet the interests of
landholders, local community groups and the environment (19 April
2012)
More...
Review of Vegetation Clearing Enforcement Processes
ordered by Queensland Government
The Minister for Natural Resources and Mines has announced the
commencement of a thorough review of the way that the penalty
provisions of the Vegetation Management Act 1999 (VMA) have
been applied to alleged breaches of the Act, with an
investigation of the enforcement processes for alleged illegal
vegetation clearing (19 April 2012)
More...
Queensland Government to slash real estate red
tape
The LNP government confirms laws to remove mandatory forms aimed
at tackling climate change would be the initial legislation
introduced by the new administration. The Newman Government will
also streamline home sale contracts, as well as reinstate the $7000
residential stamp duty concession, and commence the introduction of
the flood inquiry recommendations (10 April 2012)
More...
Articles – National
Impacts of water trading in the southern
Murray–Darling Basin between 2006-07 and
2010-11
Source: second report by the National Water Commission The report
confirms the main drivers of hardship in these communities include
drought, commodity prices and exchange rates. The report also
assesses the impact of government programs that purchased water for
environmental flows over the four year period ending in mid-2011,
and focuses on examining the impacts of water trading on individual
irrigators, industries and regional communities (April 2012)
Full report (PDF 10.7MB) or chapters here
More...
Practice notes/directions – National
Development of carbon farming methodologies - Draft
funding guidelines
The Australian Government has published draft funding guidelines
for the development of carbon farming methodologies under the
Methodology Development Program and the
Research and Development Stream of the Indigenous Carbon Farming
Fund. Draft guidelines for both programs are now available for
stakeholder comment. Comments on the guidelines close on 4 May 2012
(13 April 2012)
Practice notes/directions – Queensland
Lower Cost of Living for Families Package -
Queensland
The package includes freezing or lowering the standard domestic
electricity tariff and showing the cost of the Commonwealth's
carbon tax on electricity bills; Reducing the cost of water for
families in South East Queensland; Abolishing the waste levy from 1
July 2012; Re-introducing transfer duty concessions for the
principal place of residence (11 April 2012)
More...
Management Rights in Community Titles Schemes
– Discussion paper
The Queensland Government has released for public consultation a
discussion paper on Management Rights in Community Titles Schemes.
The discussion paper seeks to identify those issues associated with
management rights under the Body Corporate and Community Management
Act 1997 (BCCM Act).Public submissions are invited until 8 May,
2012. To find out more about the discussion paper, or to lodge a
submission,
click here. (12 April 2012)
Legislation – National
VIC Government Gazette G16 - Crown Land (Reserves) Act
1978 - 19/04/12 110P3808
Crown Land (Reserves) (Phillip Island Nature Park)
Regulations
Crown Land (Reserves) (Metropolitan Parks) (Extension of Operation
- Point Cook Coastal Park) Regulations
Australian Consumer Law and Fair Trading Bill
2011
A Bill for an Act to re-enact with amendments laws relating to
fair trading and consumer protection, to regulate certain
businesses, to repeal the Fair Trading Act 1999, the Disposal of
Uncollected Goods Act 1961, the Carriers and Innkeepers Act 1958
and the Landlord and Tenant Act 1958, to make related and
consequential amendments to other Acts and for other purposes.
17/04/2012 LC: Second Reading Moved
Forests Amendment Bill 2012
A Bill for an Act to amend the Forests Act 1958 and the Crown Land
(Reserves) Act 1978, to make consequential amendments to the Land
Act 1958, the National Parks Act 1975 and the Wildlife Act 1975,
and for other purposes. 18/04/2012 LA: Second Reading 17/04/2012
LA: First Reading
Legislation – Victoria
Commonwealth
Business Names Registration Act 2011 -
Proclamation
This Proclamation provides for the commencement of two dates for
the National Business Names Registration System under the Business
Names Registration Act 2011 – 20 April 2012 as the day
that transitional provisions commence (to allow for data transfer
and other transitional activities), and 28 May 2012 for the main
provisions of the Act (to allow for the commencement of the
National Business Names Registration System). Administered by:
Innovation, Industry, Science and Research ( 19 April 2012) http://www.comlaw.gov.au/Details/F2012L00891
Cases – Victoria
VCAT Red Dot Decisions
Three
Pillars Property Group v Brimbank CC (includes Summary) (Red Dot)
[2012] VCAT 368: Consideration of when a previous cultural
heritage management plan can be relied upon for a subsequent
project.
Water
Infrastructure Group Pty Ltd v Pyrenees SC (includes Summary) (Red
Dot) [2012] VCAT 400: Interpretation of the defined terms
"utility installation" and "minor utility
installation". Broader issues of "good water
management" in Victoria.
Yarra Valley Spring Water Pty Ltd (in liq) v Paterson
& Anor [2012] VSC 135
Contact - Sale of business - Sale to trustee of unit trust in
which vendors became unit holders - Distinct agreement to sell
business assets including groundwater extraction licence in
exchange for units in trust - No cash consideration - Obligation on
seller to transfer licence to trustee on application to responsible
authority - Seller prevented processing of transfer with
responsible authority - Whether sale agreement was void for lack of
consideration - Alleged pre contractual misrepresentations by
purchaser concerning retention of licence - Alleged pre contractual
misrepresentation by purchaser concerning application of funds to
business - Sale of business agreement valid and enforceable
Misrepresentations not proved ? No loss and damage suffered - Case
suitable for making declaration of contractual rights More...
Director of Consumer Affairs Victoria v Parking Patrols
Vic Pty Ltd & Anor [2012] VSC 137
TRADE PRACTICES – Consumer Protection –
Operator of private car parks issuing documents which purported to
impose "penalties" alleging that "offence" had
been committed – Director of Consumer Affairs alleges
misleading and deceptive conduct, false representations, harassment
and coercion – Declaration, injunctions, adverse
publicity orders and compensation sought under Fair Trading Act
1999 (Vic) ss 145, 149, 149A, 153(1), 158, 158(2)(h), 163 More...
Owners Corporation No 1 PS331362S v Sivanesan & Ors
(Owners Corporation) [2012] VCAT 391
Service of application – overseas absentee lot owners
– recent statutory amendment has not empowered service of
VCAT application outside Australia – meaning of
'notice' – Victorian Civil and Administrative
Tribunal Act 1998 s 140(1)(a), (d) – Owners Corporations
Act 2006 s 135 More...
Sevenco Pty Ltd v Victoria Body Corporate Services &
Anor (Owners Corporation) [2012] VCAT 374
Owners corporation – duty to repair and maintain common
property – duties of manager – whether breach
of duty by owners corporation or manager – whether lot
owner took appropriate action at time breach alleged –
Owners Corporations Act 2006 ss 46,122 More...
Complete Pets Pty Ltd & Ors v Coles Group Property
Developments Pty Ltd (Retail Tenancies) [2012] VCAT
361
LANDLORD AND TENANT - Retail Leases Act 2003 - s.92 costs, whether
relief claimed under the Fair Trading Act 1999 excludes the
operation of s.92 of the Retail Leases Act 2003; whether parties to
the originating Application are parties for the purpose of s.90(c)
of the Retail Leases Act 2003; whether rejection of a Calderbank
offer constitutes vexatious conduct or conduct constituting a
refusal to take part in alternative dispute resolution More...
Guan v Mellington & Anor (Owners Corporation) [2012]
VCAT 362
Owners corporation , licence of common property to lot owners,
tree on licensed area causing damage to building, whether owners
corporation liable More...
Cases – Queensland
Mark Bain Constructions Pty Ltd v Avis; Mark Bain
Constructions Pty Ltd v Barnscape Pty Ltd [2012] QCA
100
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND
CONSUMER PROTECTION LEGISLATION – ENFORCEMENT AND
REMEDIES – ACTIONS FOR DAMAGES – ASSESSMENT OR
AVAILABILITY OF DAMAGES – PARTICULAR CASES –
DAMAGES ARISING OUT OF PURCHASE OF LAND OR BUSINESS OR LEASE
– where respondents, separately, entered into a contract
to purchase a luxury apartment off the plan from the developer
vendor – where, in entering the contract, respondents
relied on representations made by real estate agents that the ocean
view from the apartment would be uninterrupted – where
contracts settled and respondents were dissatisfied with their view
as it was obstructed by a new building – where
respondents claimed that the representations with respect to the
view were false, misleading and deceptive in contravention of s 52
and s 53A Trade Practices Act 1974 (Cth) – where
respondents instituted proceedings against the developer on the
basis that the real estate agent was its agent duly authorised to
make these representations – where the appellant
contended that the real estate agent was only authorised to market
the apartments for sale – where the trial judge found
that the representations made by the real estate agent fell within
the scope of its actual authority – where the appellant
argued that there was no representation as to a future matter
– whether the trial judge erred in finding that the real
estate agent had actual authority – whether the trial
judge erred in finding that the representations were as to future
matters – whether the trial judge erred in applying s 51A
Trade Practices Act 1974 (Cth) – whether the real estate
agents continued to be agents after the contract was entered into,
but before settlement of the contract. PROCEDURE –
SUPREME COURT PROCEDURE – QUEENSLAND –
PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS
– DISCONTINUANCE – where, at the beginning of
the trial, the appellant and respondents compromised proceedings
against the second defendants at trial – where the
appellant argued that the respondents suffered a single loss and
the compromise operated as a compromise of the entire proceedings
– where the trial judge found that the compromise did not
release the appellant from liability - whether the trial judge
erred in failing to find that the respondents' compromises with
the second defendants at trial were also compromises as against the
appellant. TRADE AND COMMERCE – COMPETITION, FAIR TRADING
AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION
– MISLEADING OR DECEPTIVE CONDUCT OR FALSE
REPRESENTATIONS – MISLEADING OR DECEPTIVE CONDUCT
GENERALLY – GENERALLY – where the trial judge
found that the respondents were induced into the contract by
reliance upon the representations made by real estate agents
– where the appellant argued that the respondents did not
rely upon, and were not induced by, the representations –
where the appellant argued that the representations amounted to
mere puffery in context of the contractual provisions –
where the appellant argued that the extensive business experience,
understanding of contracts and reliance upon legal advice by the
respondents indicated that the respondents did not rely upon the
representations made by the real estate agents – whether
the trial judge erred in finding that the respondents relied upon
the representations and were induced into the contract. TRADE AND
COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER
PROTECTION LEGISLATION – ENFORCEMENT AND REMEDIES
– ACTIONS FOR DAMAGES – ASSESSMENT OR
AVAILABILITY OF DAMAGES – PARTICULAR CASES –
DAMAGES ARISING OUT OF PURCHASE OF LAND OR BUSINESS OR LEASE
– where the trial judge refused leave to reintroduce a
measure of loss that had been abandoned by the respondents
– where the trial judge exercised the powers provided in
UCPR rr 156 and 658 to assess damages in accordance with the
abandoned measure of loss – where the appellant argued
that assessing damages in accordance with the abandoned measure of
loss substantially prejudiced the appellant – whether the
trial judge erred in assessing damages in accordance with the
abandoned measure of loss More...
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