In the media – National
New sustainability rating tool set to transform
Australia's cities and communities
The Green Building Council of Australia (GBCA) has released Green
Star – Communities, an independent, national rating tool
which will drive more sustainable, productive and liveable
communities. The official ministerial launch of the tool will be
made by Minister for Transport and Infrastructure in Canberra (14
June 2012)
More...
Foreign investment squeeze on property
developments
Foreign investors could be forced to rethink pouring capital into
Australian property developments with returns set to be squeezed
from next month. Developers with offshore investment partners will
face tighter margins from July 1 when the withholding tax rate
doubles to 15 per cent for distributions from managed trusts (12
June 2012)
More...
Capital city dwelling values continue to
fall
Dwelling values fell by 1.4 percent over May, according to the RP
Data-Rismark Home Value Index. The 1.4 percent fall brings the
cumulative decline from January to May 2012 to 2.2 percent. Overall
values have decreased (11 June 2012)
More...
Cost efficiency still drives sustainability in the
property industry
More than 54 per cent of property industry respondents rate cost
and other efficiencies as the most important sustainable feature of
a building, compared with just 25 per cent who felt achieving
NABERS and Green Star ratings to be the most important sustainable
feature, according to a new survey (06 June 2012)
More...
Property sector welcomes further consultation on energy
efficiency reporting
The Property Council of Australia has welcomed the announcement of
a 12-month delay to the extension of Energy Efficiency
Opportunities (EEO) reporting to greenfield developments, and the
additional consultation period should be used to properly target
the scheme (06 June 2012)
More...
Native title laws to be reviewed
The Federal Government is proposing changes that it says will
restore the balance in native title law, streamline the claims
process, and make agreements more flexible. The National Farmers
Federation chief executive Matt Linnegar says any move to rethink
extinguishment of native title on pastoral leases would be a real
concern for farmers (06 June 2012)
More...
In the media – Victoria
Latrobe regional airport project a downpayment on
economic diversification
Regional Australia Minister Simon Crean said a $3 million grant
from the $200 million second round of the Regional Development
Australia Fund (RDAF) for the $6.2 million second stage of the
Latrobe Regional Airport project was a downpayment on the economic
diversification of the region (13 June 2012)
More...
Victorian Government defers National Energy Retail Law
to safeguard consumer protections
The Victorian Coalition Government has decided it will defer its
transition to new national laws regulating the retailing of
electricity and gas to ensure there is no reduction in key
protections for Victorian consumers (13 June 2012)
Victorian Government defers National Energy Retail Law to safeguard
consumer protections
A logical approach to planning for Melbourne's
growth
A thorough investigation of Melbourne's growth boundary has
concluded, which will help to ensure Victoria has the best-planned
and most competitive land supply in Australia, according to the
Planning Minister. The completion of this review will lead to urban
growth boundary modifications to ensure adequate long-term land
supply and enable planning for population growth to be completed
well ahead of time. (13 June 2012)
A logical approach to planning for Melbourne's growth
Government shifts green wedge boundary
The Baillieu government is set to open up thousands of hectares of
green wedge and farmland for housing on the metropolitan fringe,
adding to a glut of Melbourne housing lots ready for development.
Planning Minister Matthew Guy will unveil long-awaited plans to
extend Melbourne's urban boundary in growth areas including in
the cities of Casey, Whittlesea, Hume, Melton and Wyndham (13 June
2012)
More...
RDAF leverages regional development boost for
Victoria
Nine Victorian projects that deliver both economic and social
dividends will share in a $38.8 million regional development boost
through the $200 million second round of the Regional Development
Australia Fund (RDAF). The nine Victorian projects announced share
in $38.8 million of RDAF grants but also leverage other funding
sources to build a strong investment partnership (13 June 2012)
More...
Multi-million dollar Wellington wind farm
unveiled
Plans for a $200 million wind farm near Wellington will be the
first to meet the state's proposed requirements for these types
of developments. The company has completed an Environmental Impact
Statement outlining how it plans to minimize noise and heritage
impacts as well as concerns about flora and fauna and
telecommunications in the area (12 June 2012)
More...
Planning laws eased to recognise incremental sea level
rise
The State Government will relax planning rules designed to address
the impact of climate change in town's along Victoria's
coastline. The old planning rules will still be used for new
developments outside of towns (06 June 2012)
More...
MAV projects council cost rises
Council costs will need to rise up to four per cent to deliver the
same level of community services and infrastructure as last year,
Municipal Association of Victoria said (08 June 2012)
More...
$1 billion Regional Growth Fund delivering jobs and
growth
The Victorian Coalition Government's flagship $1 billion
Regional Growth Fund (RGF) is having a profound impact on jobs,
growth and development across regional and rural Victoria (08 June
2012)
More...
A smarter way for planning permit
applications
The Victorian Coalition Government has introduced legislation to
State Parliament to give straightforward, low impact planning
applications a simpler and faster permit process (07 June 2012)
More...
Coastal planning that's commonsense
New guidelines to manage possible sea level rise and storm events
will be implemented by the Victorian Coalition Government to
deliver common sense and certainty to coastal planning (05 June
2012)
Coastal planning that's commonsense
Victoria signs National Partnership Agreement to
strengthen coal seam gas regulation
The Victorian Coalition Government announced a boost to the
research and oversight of potential coal seam gas extraction with
the signing of a National Partnership Agreement on Coal Seam Gas
and Large Coal Mining Development with the Commonwealth Government
and the establishment of a new Ministerial Advisory Council (05
June 2012)
More...
Growth outcomes differ after new inner Sydney and
Melbourne apartment construction
Analyst and economic forecaster, BIS Shrapnel, is forecasting that
while vacancy rates for inner Sydney apartments will continue to
remain tight, the inner Melbourne apartment market is now heading
into oversupply (05 June 2012)
More...
In the media – New South Wales
$112 million for 2012-13 to progress key planning and
infrastructure initiatives
The Department of Planning and Infrastructure will be given
additional resources to fast-track the assessment of major
projects. The 2012-13 Budget commits $13 million to accelerating
the assessment of significant state developments, including the
remaining development applications lodged under the now repealed
Part 3A of the Environmental Planning and Assessment Act (12 June
2012)
$112 million for 2012-13 to progress key planning and
infrastructure initiatives
$50 million budget boost to kick start urban
sites
The NSW Government will partner with local councils across the
state to deliver much-needed new housing in key urban renewal areas
under a $50 million program announced in the 2012/13 State Budget.
Tthe Urban Activation Precincts Support Scheme would offer councils
infrastructure support payments linked to increased housing supply
in key urban areas close to jobs and transport (12 June 2012)
$50 million budget boost to kick start urban sites
In the media – Queensland
Clean Energy Regulator and ASIC sign Memorandum of
Understanding
The Clean Energy Regulator and ASIC have signed a Memorandum of
Understanding on the working relationship between the two agencies
to deliver their regulatory responsibilities under the carbon
pricing mechanism (04 June 2012)
The Clean Energy Regulator and ASIC sign Memorandum of
Understanding
Government to boost transport construction
industry
The Newman Government will provide a significant boost to
Queensland's road and transport construction industry with
changes to tendering by the state-owned RoadTek. The changes mean
RoadTek will no longer take work away from private companies in
major markets, such as South East Queensland (13 June 2012)
More...
Consolidated Properties plans $50 million Toowoomba
project
A new residential development is planned for Toowoomba,
Queensland, in a move welcomed by local council due to supply
shortage. The development site vendor is one of Australia's
richest people (11 June 2012)
More...
Government Precinct Master Plan
The Property Council last week welcomed the Queensland
Government's plans to revitalise the 'Government
Precinct' through private sector redevelopment. The
'Precinct Master Plan' will provide opportunities for a
range of retail, commercial, residential and cultural uses, all
with a focus on connectivity to the river and pedestrian
accessibility within and across the precinct (07 June 2012)
More...
South East Queensland Design and Construct
Code
Allconnex, Queensland Urban Utilities (QUU) and Unitywater have
cooperatively developed the first consolidated set of technical
standards for planning, design and connection to existing water
supply and sewerage infrastructure across SEQ (07 June 2012)
More...
Gas industry to deliver extraordinary growth despite
economic uncertainty
Expansion of Queensland's gas industry could increase Gross
State Product by half a trillion dollars in the coming decades,
boosting employment, wages, and the state's reputation as an
economic powerhouse, a new report has found (06 June 2012)
More...
Published – articles, papers, reports – Victoria
Presentation to the Property Council of Australia's
Sustainable Development Conference
Author: Parliamentary Secretary for Climate Change and Energy
Efficiency Mark Dreyfus, Sustainable development Conference, 13
June 2012
Discussed the need to act on climate change, why to price carbon through markets, the Clean Energy Future plan, the carbon price and its impact on the economy, other measures in the Clean Energy Future Plan, energy efficiency, Clean Energy Finance Corporation, tax breaks for green buildings and the Energy Savings Initiative More...
In practice and courts – Victoria
Green Star – Communities Rating System
Released
The Green Building Council of Australia (GBCA) has released a
national rating tool - Green Star – Communities. Under
the system, communities will be rated in each of the following
categories: Liveability; Economic Prosperity; Environment; Design;
Governance; and Innovation (14 June 2012)
More...
Draft National Building Energy Standard-Setting,
Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency
Working Group (E2WG) of the Select Council on Climate Change
(SCCC), representing all states and territories for public comment.
Interested parties may make submissions on the Draft Framework
paper by Friday 6 July 2012.
Draft National Building Energy Standard-Setting, Assessment and
Rating Framework
In practice and courts – Queensland
Green Star – Communities Rating System
Released
The Green Building Council of Australia (GBCA) has released a
national rating tool - Green Star – Communities. Under
the system, communities will be rated in each of the following
categories: Liveability; Economic Prosperity; Environment; Design;
Governance; and Innovation (14 June 2012)
More...
Draft National Building Energy Standard-Setting,
Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency
Working Group (E2WG) of the Select Council on Climate Change
(SCCC), representing all states and territories for public comment.
Interested parties may make submissions on the Draft Framework
paper by Friday 6 July 2012.
Draft National Building Energy Standard-Setting, Assessment and
Rating Framework
Draft guidelines- inspection of class 2 to 9
buildings
Comment is required on the draft guidelines for the inspection of
class 2 to 9 buildings. Building Codes Queensland (BCQ) has
developed a draft
Guidelines for the inspection of class 2 to 9 buildings and
welcomes questions and feedback. Comments on the draft guidelines
may be submitted until 22 June 2012 (04 June 2012)
Draft guidelines for inspection of class 2 to 9 buildings
Cases – Victoria
Sunland Waterfront (BVI) Ltd & Anor v Prudentia
Investments Pty Ltd & Ors (No 2) [2012] VSC 239
TRADE PRACTICES – Misleading or deceptive conduct
– whether any representations were made by the Defendants
in respect to the status, purchase and development of land in Dubai
– execution of contract and payment of a fee by the
Plaintiff – whether any conduct of, including any
representations, of the Defendants was misleading or deceptive or
otherwise in breach of statutory prohibitions - whether the
Plaintiff relied on any conduct including misrepresentations to its
detriment – causal connection between the conduct of the
Defendants and the misapprehension of the Plaintiff – no
reliance by the Plaintiffs on the alleged misrepresentations
– whether First to Third Defendants a 'person
involved' in a contravention for the purposes of accessorial
liability – failure of Plaintiffs to establish loss or
damage – Gould v Vaggelas [1985] HCA 85; (1985) 157 CLR
215; Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004)
218 CLR 592; ACCC v Dukemaster Pty Ltd [2009] FCA 682 –
Trade Practices Act 1974 (Cth) ss 5(1), 6(2), 52, 53, 53A, 75B, 82
– Fair Trading Act 1999 (Vic) ss 9, 12, 158, 159. TORTS
– Deceit – jurisdiction and choice of law -
whether alleged representations were fraudulent – whether
elements of deceit established - no evidence to support claim of
deceit – Magill v Magill [2006] HCA 51; (2006) 226 CLR
551 – United Arab Emirates Civil Code (Law No. 5 of
1985). CORPORATIONS – Corporate governance –
Plaintiff's announcements to Australian Stock Exchange
("ASX") – Plaintiff's failure to disclose
market sensitive information in announcements to ASX –
Board reporting. EVIDENCE – Reliability of
Plaintiffs' witnesses – application of Jones v Dunkel
[1959] HCA 8; (1959) 101 CLR 298 – application of Browne
v Dunn (1893) 6 R 67 (HL) – Evidence Act 2008 (Vic) s
140. More...
Joseph Street Pty Ltd & Ors v Tan & Ors [2012]
VSCA 113
CONTRACT – Sale of land – Specific performance
– Units on proposed plan of subdivision –
Contract subject to express and implied conditions to use best
endeavours to register plan of subdivision – Whether
vendors used best endeavours – Whether vendors entitled
to rescind – Subdivision Act 1988, Parts 1, 2, 3 and 4;
Planning and Environment Act 1987, Part 9 Division 2 More...
Sino International Development Pty Ltd & Anor v
Mainland Projects (Oakleigh) Pty Ltd & Anor [2012] VSC
231
CORPORATIONS – Oppression – Appropriate order
– Value of project unlikely to be affected by order for
winding up – Order for compulsory acquisition would yield
uncertain result – Order for winding up made –
Corporations Act 2001 (Cth) s 233 More...
Platinum 6 Investments Pty Ltd v Alessi (Retail Tenancies) [2012] VCAT 721 Responsibility for repairs of doors and locks, burglaries meaning of "structural", mitigation of loss More...
Re Centro Retail Australia Limited [2012] VSC
240
TRUSTS AND TRUSTEES — Deeds of settlement –
Application for approval of a trustee's decision to enter into
a compromise — Supreme Court (General Civil Procedure)
Rules 2005 (Vic) r 54.02 More...
Bradfield & Ors v QOB Tenancy Pty Ltd (Retail
Tenancies) [2012] VCAT 755
Retail Tenancies List –whether retail tenancy
– serviced apartments – mistake in variation of
lease – correction of mistake – whether rental
can be abated – meaning of outgoings –
interpretation of lease and variation - applicants owners of
serviced apartments – respondent tenant and operator of
serviced apartments – claim for rent and interest
– claim for possession – claim for relief
against forfeiture – whether setoff can be claimed for
rent – estoppel by convention – adjustment of
outgoings –extrinsic evidence – Retail Leases
Act 2003 s 52, 57 – Owners Corporation Act 2006 s 11 More...
Tortorella v Brookfield Village Management Pty Ltd
(Residential Tenancies) [2012] VCAT 705
Site Agreement-rent increases- Residential Tenancies Act 1997-
whether Part 4A applies-ss206V, 210B- whether notices of rent
increase are notices of "proposed rent increase" within
the meaning of Part 4-ss144,152,153-whether notices of rent
increase invalid More...
Cases – Queensland
Wirkus & Anor v Wilson Lawyers [2012] QSC
150
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT
CONTROL - CONSENTS APPROVALS PERMITS AND AGREEMENTS - CONDITIONS -
GENERALLY - where approval for subdivision was granted - where a
condition of the approval was that an easement was granted in
favour of the lot owned by the plaintiff to allow access to
Goldieslie Road - where such an easement was granted but not
registered - where defendant was engaged by plaintiff to assist in
achieving the provision of legal access to Goldieslie Road - where
defendant did not advise plaintiff to seek to enforce approval
conditions, rather advised plaintiff to rely on s 180 of the
Property Law Act 1974 - where plaintiff sues for negligent advice -
where defendant applies for judgment - whether the 1987 approval
was 'in force' when s 6.1.23 of the Integrated Planning Act
1997 commenced such that conditions of the approval were binding
upon subsequent owners and enforceable under that Act. REAL
PROPERTY - TORRENS TITLE - INDEFEASIBILITY OF TITLE - GENERALLY -
whether the title of the body corporate and individual lot owners
was indefeasible such that the conditions of approval could not be
enforced 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.
