Latest news – National
Commercial tenants force malls to cut their rent as
sales slump
Australia's biggest shopping-centre operators, are lowering
rents for new stores while existing tenants call for cuts as major
mall sales drop for the first time in a decade (31 May 2012)
More...
Greenhouse and Energy Minimum Standards legislation is
introduced into Parliament
The Government has introduced the Greenhouse and Energy Minimum
Standards (GEMS) legislation to Parliament, which introduces
national legislation to regulate equipment energy efficiency and to
expand energy efficiency regulation into new product areas (30 May
2012)
More...
Legislation for $10 billion energy fund passes Lower
House
The Federal Government has pushed legislation through the Lower
House to set up a $10 billion green investment bank for clean
energy projects. The Government will invest $2 billion a year over
five years from 2013-14 in the corporation, supporting renewable
and low-emission energy projects through loans, guarantees and
equity investments from 2013/14 (30 May 2012)
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Latest news – Victoria
State wants to axe parking space to increase public
transport use
More clogged roads have been predicted as the State Government
moves to cut the number of car spaces allocated to new apartment
blocks. The Government says the action will reduce planning red
tape for developers and encourage more people living near transport
hubs to use trains, trams and buses (31 May 2012)
More...
Better planning for parking
Planning Minister Matthew Guy said reforms to the planning scheme
would provide for greater clarity and certainty, a reduction in
resource and administrative costs and more streamlined and informed
decision making. Particular attention has been placed on urban
design, neighbourhood character and safety in car parking design to
achieve a high quality urban environment (28 May 2012)
More...
Coalition Government reforms development contributions
framework
The Victorian Coalition Government has chosen a preferred
framework for development contribution plans. Mr Guy said the
Government would now move to finalise a model of a new standardised
levy system based on five infrastructure categories (24 May 2012)
More...
Victoria's ports better protected
Planning Minister Matthew Guy has moved to ensure Victoria's
ports and surrounding environs are further protected to secure
their ongoing productivity. Releasing the report of the Ports and
Environs Advisory Committee, Mr Guy outlined new planning controls
for the ports of Melbourne, Hastings, Geelong and Portland (22 May
2012)
More...
Latest news – New South Wales
Sydney starts smart green apartments
program
Twenty five of Sydney's apartment buildings are about to get a
green makeover via the city's new Smart Green Apartments
program. The program seeks to create more efficient, cost-effective
buildings, with a focus on energy and water efficiency and waste
reduction (31 may 2012)
More...
Latest news – Queensland
Newman Government announces new focus for
GOCs
The Newman Government has announced seven new Chairs for
Queensland's Government Owned Corporations (GOCs). Treasurer
and Minister for Trade Tim Nicholls said the new Chairs, approved
at a meeting of the Governor in Council yesterday, would ensure
improved delivery of services for Queenslanders (01 June 2012)
More...
ULDA transfers powers back to local
councils
The Newman Government has commenced transferring planning powers
back to 17 local governments from the Urban Land Development
Authority (ULDA). Section 136 of the ULDA Act allows the ULDA to
delegate its functions to the Chief Executive Officer or an
appropriately qualified officer of a local government (31 May 2012)
More...
LNP plans incremental growth for Abbot
Point
The Deputy Premier and Minister for State Development, announces
the development of terminals T0, T2 and T3 at Abbot Point which
will would provide a huge increase in Queensland's coal export
capacity (31 May 2012)
More...
State government approves $6b Alpha Coal mine in Galilee
Basin
The Newman Government has approved the $6.4 billion Alpha Coal
Project in Queensland's Galilee Basin owned by Indian
conglomerate GVK and Gina Rinehart's Hancock Coal. The
GVK-Hancock Coal project heralds the next stage of the mining boom,
but the requirement for foreign workers has not been ruled out (30
May 2012)
More...
New precinct plan for Brisbane CBD
Premier Campbell Newman has unveiled a multi-billion-dollar
sell-off and rebuild of government office towers in the new
"Precinct Master Plan' to rejuvenate the Brisbane CBD.
Public consultation will begin with the announcement, while
developers can put in expressions of interest from this week (29
May 2012)
More...
Regional airlines to fly out of Brisbane's
Archerfield airport
UP under A new 20-year Master Plan approved by the Federal
Government, will allow up to 24 commercial passenger flights a day
from Brisbane's suburban Archerfield Airport. Airport General
Manager Corrie Metz said options for improvements to surrounding
roads, noise issues, airport protection and potential precinct
layouts had also been canvassed within the plan. (28 May 2012)
More...
Major Cape York mine approved
The Queensland Coordinator-General gave the green light to Rio
Tinto's $1.45 billion South of the Embley bauxite mining
extension on Cape York. Rio Tinto's proposal will extend the
life of bauxite mining near Weipa for another 40 years, and can
proceed subject to strict development and operating conditions set
by the Coordinator-General (23 May 2012)
More...
Articles – Queensland
Regional cooperation towards green Asia: trade in low
carbon goods and services
Author: Kaliappa Kalirajan, Crawford School of Public Policy
It is logical to argue that low carbon goods and services (LCGS)
led growth is an imperative for the Asia Pacific countries,
particularly for the emerging Asian economies, which are heavily
dependent on imported energy and resources (22 May 2012)
More...
The Future for Manufactured Homes in Residential Parks
in Queensland
Author: Nicolee Dixon: Parliamentary Library RBR2012-05
Focuses on the proposed amendments to the Building Act 1975 (Qld)
and the Property Agents and Motor Dealers Act 2000 (Qld) to remove
the need for sellers and real estate agents to provide
sustainability declarations to potential buyers of most types of
residential property (May 2012)
More...
Treasury (Cost of Living) and Other Legislation
Amendment Bill 2012 (Qld): Repeal of Sustainability Declarations
Provisions
Author: Nicolee Dixon; Parliamentary Library RBR2012-07
The main focus was the financial and social position in which
manufactured home owners find themselves if their site rental
agreement is terminated because the park owner decides to redevelop
the park or use the land for another purpose (May 2012)
More...
In practice and courts – National
The updated Carbon price claims – Guide for
business
The Guide provides more practical guidance on specific issues
experienced by small businesses and gives examples to illustrate
how the guidance applies in practice, including information to
support carbon price claims, and dealing with suppliers and a
series of web videos (23 May 2012)
Carbon price claims – Guide for business
Carbon price claims: guide for business - Business
snapshot
In practice and courts – Victoria
Classification of Farm Buildings
The Building Commission is not proposing the reclassification of
farm buildings. The Commission has prepared and is currently
circulating a draft Practice Note to industry for comment, which
explains the principles of the classification that already exist
under the national Building Code of Australia (BCA) (30 May 2012)
More...
In practice and courts – Queensland
Brisbane City Council- Notice of adoption of a Temporary
Local Planning Instrument to the Brisbane City Plan 2000
– Statutory Guideline 01/12
Temporary Local Planning Instrument 01/12 - The Temporary Local
Planning Instrument will provide improved guidance and certainty
for the community about residential development and building in
flood affected areas. The Temporary Local Planning Instrument
commenced on 16 May 2012 and will cease to have effect on 15 May
2013 (May 2012) www.brisbane.qld.gov.au
Cases – Victoria
Tenth Vandy Pty Ltd v Natwest Markets Australia Ltd;
Thomas v Natwest Markets Australia Ltd [2012] VSCA
103
LANDLORD AND TENANT – Retail shopping centre lease
– Forfeiture of Lease – Relief against
forfeiture – Equitable compensation –
Unconscionable conduct – Whether unconscionable for
Landlord to exercise legal right of re-entry following non-payment
of rent – Whether respondent's 'impugned
conduct' contributed to appellant's failure to pay rent and
outgoings – Arbitration –Whether re-entry
calculated to 'gazump' jurisdiction of arbitrator
– Hearsay evidence – Whether appellant misled
as to evidence to be led when no witnesses called –
Tanwar Enterprises Pty Ltd v Cauchi [2003] HCA 57; (2003) 217 CLR
315, considered; Bowfinger v Kingsway Group Ltd [2009] HCA 44;
(2009) 239 CLR 269; Australian Consumer Commissioner v Samton
Holdings Pty Ltd (2002) 117 FCR 301; Legione v Hately [1983] HCA
11; (1983) 152 CLR 406; Stern v Mac Arthur (1988) 165 CLR 459;
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 referred to
– Retail Tenancies Act 1986 ss 17(1)(b) and 17(2). COSTS
– Applications for leave to appeal against order for
costs on an indemnity basis – Offer of compromise
– Calderbank offer – Effect of an unaccepted
offer – Whether refusal of settlement offer unreasonable
– Costs against a non-party – Whether
appropriate for director of appellant to be made personally liable
for costs – Applications refused More...
Melkat Pty Ltd v Campaspe SC (Red Dot) [2012] VCAT
657
Section 149A Planning and Environment Act 1987 –
declaration – clause 52.28-4 – definition of
strip shopping centre- The application for declaration is
refused.
Section 149A Planning and Environment Act 1987 application for
declaration - Zone and Overlays
Business 1 Zone - Heritage Overlay (HO2 – Echuca Central
Area, HO75 – Moreton Bay Fig, Caledonian Hotel, Darling
Street, Echuca) More...
Bass Coast SC v Tew & Anor (Red Dot) [2012] VCAT
658
Section 177(2) Planning and Environment Act 1987 –
ending a section 173 agreement – consent of all persons
who are bound by any covenant in the agreement is required
– Van der Heyden v Mansfield SC disapproved –
no permit granted More...
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