Australia: Property & Projects - What's News - 30 October 2012

Last Updated: 3 November 2012
Article by Chris Lovell

In the media – National

GBCA: new rating tool for productive, sustainable and healthy building fitouts
The Green Building Council of Australia (GBCA) has launched a new rating tool to assess the interior fitout of any building type. Green Star - Interiors will expand the benefits of Green Star certification to new market sectors, drive industry innovation, and set new benchmarks of best practice for sustainable interiors (17 October 2012) More...

PCA: Resource states falter as property sentiment improves elsewhere
The sentiment gap between the resource states and the rest is closing, with new research showing property industry confidence dropping in the resource-rich states but recovering elsewhere. However, analysis of the results shows improving sentiment in the non-resources states (ACT, Victoria, NSW, Tasmania) was dragged down by weaker sentiment in the resource-rich jurisdictions (Queensland, WA, NT, SA) (17 October 2012) More...

National slowdown leads to decline in sub-leasing activity
The slowdown in the economy has led to a drop in demand for sub-let office space for the first time in three years, according to the latest trends (11 October 2012) More...

REIA: Keep commercial agents licensed
Commercial agents who sell property such as shops and offices are alarmed by a proposal from the Council of Australian Governments (COAG), to allow these transactions without a real estate licence, under a plan for national licensing being promoted by the Steering Committee (10 October 2012) More...

In the media – Victoria

Riverbanks protected under new planning rules
The State Government will bring in strict controls to protect the banks of the Yarra and Maribyrnong Rivers from over development. The rules will cover height restrictions and the distance of developments from the water (15 October 2012) More...

Field of dreams from under-used land
KEYSBOROUGH is home to a new $1 billion housing development, one of the largest infill projects undertaken in the south-east. The Urban Development Institute of Australia (UDIA), the peak body representing the property development industry throughout Australia, has recognised Somerfield as a leading "EnviroDevelopment" in Victoria (11 October 2012) More...

In the media – Queensland

Changes to CSG compensation legislation considered by Queensland Government
The Queensland State Government has backtracked on recent amendments to the definition of an "occupier" in the Petroleum and Gas Act, after concerns were raised about implications the change could have on who could claim compensation. The legal environment for landholders is continually changing and needs constant scrutiny (17 October 2012) More...

Water metering to save irrigators money
The Newman Government has announced irrigation farmers will have control of the installation of water meters on their properties, leading to financial savings for many landholders (16 October 2012) More...

Queensland government ceases involvement in World Heritage consultation
The Minister for Environment and Heritage Protection announces the State Government will cease its involvement in negotiations surrounding World Heritage nominations on Cape York (12 October 2012) More...

Queensland Government wants more consumer focus on power pricing
The Queensland Government has written to more than 25 consumer groups asking for their input on how to enhance participation in key aspects of policy and decision making relating to electricity. Energy providers are increasingly proposing new initiatives with limited consumer involvement (10 October 2012) More...

Draft Coastal Protection State Planning Regulatory Provision released
The Deputy Premier and Minister for State Development, Infrastructure and Planning has released the Draft Coastal Protection State Planning Regulatory Provision (the draft SPRP) to simplify and streamline planning, assessment and approval processes for development in Queensland's coastal zone Find out more about the SPRP on the Queensland Coastal Plan. (09 October 2012)

In practice and courts – New South Wales

NSW e-conveyancing Bill introduced
Legislation to enact (in NSW) the proposed model Electronic Conveyancing National Law has been introduced in the NSW Legislative Council: see Electronic Conveyancing (Adoption of National Law) Bill 2012 (reproduced at (18 October 2012)

In practice and courts – Queensland

GBCA: Green Star Interiors - any building type
Green Star – Interiors is now available as a PILOT rating tool, and the GBCA is seeking expressions of interest from projects. Download the rating tool and technical manual today or find out more: (17 October 2012) More...

DERM Title Registry Fees Increase
Following the State budget announcement, the Titles Registry has advised that from 1 November 2012 lodgement fees will increase by $15 for title dealings that attract the standard (currently $137.10) or a higher fee (16 October 2012) Issue 107 - Titles Registry Update (16 October 2012)

Notification: Withdrawal from COAG commitments for 6-star units and a Residential Building Mandatory Disclosure scheme
Queensland has withdrawn from measures in the Council of Australian Government (COAG) National Strategy of Energy Efficiency (NSEE) to increase the energy efficiency standard for new multi-unit residential buildings from 5 stars to 6 stars and introduce mandatory disclosure of existing residential buildings at sale or lease (11 October 2012) More...

Cases – Victoria

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...

Heath Hill Poultry Pty Ltd v Cardinia SC (includes Summary) (Red Dot) [2012] VCAT 1444
Permit application for new free range chicken farm
POLICY – interpretation or application of policy
Consideration of SPPF regarding clause 14.01-2 (sustainable agriculture) and clause 13.04-2 (air quality) – Consideration of SEPP (Air Quality) and Recommended Buffer Distances for Industrial Residual Air Emissions Publication AQ 2/86 1, Environmental Protection Authority, 1990 as they apply to a free range chicken farm – Consideration of relevance of Victorian Code for Broiler Farms 2009 to free range chicken farm 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...

Computers & Parts Land Pty Ltd v Property Sunrise Pty Ltd (Retail Tenancies) [2012] VCAT 1522
Lease, option to renew, whether landlord obliged to grant further term, whether failure to provide a bank guarantee was a default preventing exercise of the option, whether late rental payments were persistent default preventing exercise of the option, whether relief against forfeiture of the option to renew was available, whether the landlord was in breach of the duty to maintain the premises, whether the tenant was estopped from seeking orders for repair and compensation where there had been an earlier proceeding, whether subsequently any new leaks had occurred – Retail Leases Act 2003 ss27(2), 52,54,94 More...

Cases – Queensland

Ostroco v Department of Transport and Main Roads [2012] QLAC 006
REAL PROPERTY -- COMPULSORY ACQUISITION OF LAND -- COMPENSATION -- RIGHT TO COMPENSATION -- PERSONS ENTITLED -- LESSEES -- where land compulsorily acquired -- where appellant lessee requested and was permitted to continue occupation of land on terms different from original lease -- where appellant claimed compensation under s 12 (5) of the Acquisition of Land Act 1967 (Qld) -- where Land Court held appellant was not entitled to compensation by virtue of s 18 (3) of the Acquisition of Land Act 1967 (Qld) -- whether upon written application, the respondent allowed the appellant's estate or interest to continue uninterrupted, such that s 18 (3) of the Acquisition of Land Act 1967 (Qld) precluded the appellant from claiming compensation More...

Jensim Family Pty Ltd t/a Bank of Queensland Coorparoo and Chief Executive, Department of Transport & Main Roads [2012] AQL044-11 REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - LEASEHOLD LAND - CLAIM BY LICENSEE - COMPENSATION - ASSESSMENT
Costs attributable to disturbance - business losses - loss of profits - loss of business value - relocation expenses - s.20(5) Acquisition of Land Act 1967
Valuation methodology - calculation of loss of profits - calculation of growth rates - whether allowance should be made for loss of relationship income or personal goodwill - use of averages
Principles of valuation - relocation expenses for leased premises - fitout costs - whether claimable on a reimbursement basis - whether earlier Land Appeal Court authority should be allowed in light of amendments to the Acquisition of Land Act 1967 - interpretation and application of s.20(5)(g) Acquisition of Land Act 1967. Disturbance items - whether quantum of costs reasonable 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.

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