In the media – National
Unlicensed commercial agents insurance
unlikely
Unlicensed commercial real estate agents - a real likelihood if
proposed national licensing laws get the green light - would find
it hard to obtain professional indemnity insurance, according to a
recent newspaper report (02 October 2012)
More...
Livable Housing Australia (LHA): Safer new homes by
2020
Launched at Parliament House, Canberra, the Livable Housing
Australia (LHA) will target the housing industry to achieve the
Livable Housing Design Quality Mark as part of a national campaign
to ensure all new homes are safer, more comfortable and easier to
get around by 2020 (26 September 2012)
More...
In the media – Victoria
Private sector bids invited for Victoria's largest
port development
The $1.6 billion redevelopment of the Port of Melbourne reached a
major milestone today, with Premier Ted Baillieu officially
inviting expressions of interest seeking operators for the new Webb
Dock container terminal, automotive terminal and Pre Delivery
Inspection (PDI) Hub (03 October 2012)
Private sector bids invited for Victoria's largest port
development
Victorian Construction Industry Welcomes Planning
Changes
Planning changes designed to cut red tape and allow for faster and
more effective decision making by imposing 12-month time limits on
planning scheme amendment decisions have been welcomed by the
building and construction industry in Victoria (01 October 2012) http://designbuildsource.com.au/vic-builders-planning
$1 billion urban development project unlocks the south
east
Planning Minister Matthew Guy officially opened a $1 billion
housing development in Keysborough, one of the largest infill
projects undertaken in Melbourne's growing south east corridor
(27 September 2012)
$1 billion urban development project unlocks the south east
Next step for fair and simple development
contributions
Planning Minister Matthew Guy has appointed an independent
Advisory Committee to assist in delivering an effective,
transparent and simple development contribution system across
Victoria (26 September 2012)
Next step for fair and simple development contributions
In the media – New South Wales
North West Rail Link gets planning green
light
State Government planning approval has been given to start
building the North West Rail Link, marking a major milestone in the
delivery of the State's biggest transport infrastructure
project. The Minister for Transport said overarching approval has
been given for the entire North West Rail Link project, as well as
approval to start construction of the 15.5km of twin tunnels and
the 4km skytrain section (01 October 2012)
More...
Strong Response To Green Paper
Residents and industry groups have welcomed a move towards
enhanced community participation and upfront strategic planning in
the State's proposed planning system. Green Paper submissions
are being published on the Department of Planning and
Infrastructure's website as they are received along with
workshop summaries (25 September 2012)
Strong response to green paper
In the media – Queensland
Offshore wind prospects hit by grid costs
New British data shows that merely connecting wind turbines out at
sea to the grid costs more per megawatt than building new gas fired
power plants. This raises serious questions about the near-term
economic viability of the low-carbon technology in which Germany
and Britain, among others, are setting such store (03 October 2012)
More...
State Development Area (SDA) changes to boost
industry
The Newman Government has identified a number of opportunities to
improve and clarify the development schemes of six SDAs across the
State. The amendments include the addition of a voluntary but
recommended pre-lodgement stage and change the definition of
material change of use (MCU) to provide better clarity to the
different types of development (05 October 2012)
State Development Area changes to boost industry
Funding for Brisbane city stormwater
reuse
The Australian Government announces it's contribution of $5.39
million towards the Brisbane City's Stormwater Harvesting and
Reuse Project. This project enables Brisbane City Council to use
treated stormwater for a range of uses such as sport and
recreational park facilities (04 October 2012)
Brisbane city stormwater put to good use
Commonwealth emergency funding for Queensland tenant
advice service
The Gillard Government will provide $3.3 million in emergency
funding for the Queensland Tenant Advice and Advocacy Service
(TAAS), a service scrapped by the Newman Government. The TAAS
offers essential advice and advocacy services to tenants across
Queensland, providing assistance to 80,000 households annually.
Advocacy and advice services like TAAS help keep Queenslanders in
their homes and are critical to preventing homelessness (03 October
2012) More...
Unpaid debts could see building licences
cancelled
Building contractors who fail to pay judgment debts face the
possibility of having their licence suspended or cancelled under
new regulations enacted. The changes have been made through an
amendment to the Financial Requirements for Licensing (FRL) under
the Queensland Building Services Authority Act 1991 (28 September
2012)
More...
Concerns with BCCMA amendments: Property
Council
The Property Council has raised concerns with the Attorney-General
about amendments proposed to the Body Corporate and Community
Management Act (BCCMA) and the Government's decision not to
consult with industry prior to the introduction of the amendments
(27 September 2012)
More...
Gas Market Review Report 2012 released
The Energy Minister has released the 2012 Gas Market Review Report
and reaffirmed the Newman Governments commitment to an adequate
domestic gas supply, as well as the state's developing
liquefied natural gas (LNG) export industry (27 September 2012)
More...
Upgrades to the Port of Cairns
Queensland's Coordinator-General has declared the proposed
upgrade of the Port of Cairns a significant project. The EIS
process marks the beginning of a comprehensive assessment process
that would look at the environmental, social and economic impacts
and benefits of the project for the proposal to improve shipping
access to Trinity Inlet (25 September 2012)
More...
In practice and courts – Victoria
Standard Development Contributions Advisory
Committee
The Minister for Planning has appointed the
Standard Development Contributions Advisory Committee to
provide advice on the final framework for a new standard
development contributions system and on the establishment of
standard levies.
The Minister for Planning has announced
Ministerial Direction No. 15 which comes into effect on 25
October 2012 (not today as may have been reported). The Direction
sets times to complete key steps in the planning scheme amendment
process.
Late submissions to the proposed
reformed zones closed on Friday 28 September
2012.
Cases – Victoria
Agape Investments Pty Ltd & Eighth Natro Pty Ltd v Chen
& Ors [2012] VCC 1323 BREACH OF CONTRACT– Damages for
delay – liquidated damages – penalty clauses -
rectification
LEGISLATION CITED – Transfer of Land Act 1958, s89A(3)
JUDGMENT – The first plaintiff's claim against the first
defendant dismissed. Judgment for the second plaintiff against the
first defendant in the sum of $28,550.00. Counterclaim dismissed More...
Stamatakos v Balbo (Retail Tenancies) [2012] VCAT
1408
LANDLORD AND TENANT - s.54 (2) Retail Leases Act 2003 - whether
landlord had obligation to maintain common property. Competition
and Consumer Act 2010 - misleading and deceptive conduct, whether
representations conveyed to the tenant; whether the tenant was
induced to enter into the lease in reliance of the representations
– Whether guarantor able to avail himself of the set off that
would otherwise have been available to the tenant. The Respondent
must pay the Applicant $15,452.85 More...
Cosmopolitan Hotel (VIC) Pty Ltd & Anor v Crown
Melbourne Limited & Ors (Retail Tenancies) [2012] VCAT
1407
Damages – principles of assessment – whether applicant
may claim and recover reliance damages instead of expectation
damages – whether the applicant is confined to nominal
damages More...
Moussa v Goodhead Beer Company Pty Ltd (Retail
Tenancies) [2012] VCAT 1406
LANDLORD AND TENANT – Relief from forfeiture; relevant
principles, whether past breach by landlord entitles tenant to
relief from forfeiture – whether offer to pay outstanding
rent and outgoings on terms adequate to justify granting relief;
whether failure to comply with previous undertaking given to the
Tribunal relevant to exercise of discretion – dismissed More...
Besser v Alma Homes Pty Ltd [2012] VSC
460
SALE OF LAND – Amendment of plan of subdivision –
Whether amendment of subdivision materially affected the lot
– Whether purchaser entitled to rescind the contract –
Whether purchaser entitled to repayment of deposit from vendor
– Sale of Land Act 1962 (Vic) ss 9AC, 9AF More...
Versus (Aus) Pty Ltd v A.N.H. Nominees Pty Ltd & Ors
(Retail Tenancies) [2012] VCAT 1442
LANDLORD AND TENANT – proper and effective service on a
corporation; deemed assignment of lease; Section146 Property Law
Act 1958 – whether notice was effective notice - notice to
specify what acts are to be done to remedy breach. Res judicata
– whether current proceeding merged in earlier judgment.
Section 75 Victorian Civil and Administrative Tribunal Act 1998
– relevant principles concerning the striking out of claim More...
Cases – Queensland
White v Downes [2012] QCAT 450
LANDLORD AND TENANT – RETAIL AND COMMERICAL TENANCIES
LEGISLATION – OBLIGATIONS, PROHIBITED TERMS AND PROTECTION
FOR LESSEES – MINIMUM TERM OF LEASE AND RENEWAL OF TERM
– where applicant leased property with option to renew
– where lessor gave notice to quit after lease expired
– whether notice to quit valid – whether landlord
entitled to mesne profits. Coronis v Jilt Pty Ltd & Anor [2012]
QCA 66. Hampton v BHP Billiton Minerals Pty Ltd (No 2) [2012] WASC
285
Landers v Schmidt [1983] 1 Qd R 188. Lollis v Loulatzis & Anor
[2007] VSC 547. Wilson v Kelly [1957] VR 147 More...
Published – articles, papers, reports – Queensland
The Queensland 2012 Gas Market Review
Report
Author: Queensland Government
The report analyses factors including future pricing,
supply-demand balance and peak demand, as well as barriers to
market growth and increased competition in Queensland. The review
found the dominance of LNG as a producer and customer in Queensland
also created a high level of uncertainty for domestic supply,
pricing and overall demand (September 2012) More...
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