Australia: Property & Projects - What's news - 26 November 2012

Last Updated: 1 December 2012
Article by Steve Aitchison and Lisa Cody

Most Read Contributor in Australia, September 2016

In the media – National

Proposed Standards for Agents' Reps too low
The REIA says proposed national licensing of property-related professionals should aspire to raise standards and warns that if the Government's proposal is adopted it may lead to a drop in consumer confidence in the sector (12 November 2012) More...

Government makes water market regulation crystal clear
The Government intends to amend the Corporations Regulations 2001 to allow for water rights commonly traded on Australian water markets to be regulated in the same manner as agricultural commodities such as wheat (10 November 2012) More...

In the media – Victoria

Key studies commence for Hastings port development
The next step towards building Melbourne's much needed second container port are now underway with the commencement of key studies into Westernport, its natural environment, and port design (15 November 2012) Key studies commence for Hastings port development

Melbourne continues its residential boom
Planning Minister Matthew Guy has today brought forward $200 million worth of investment for Victoria's building sector approving two city shaping residential developments capitalising on existing public transport infrastructure, employment opportunities and open space (12 November 2012) Melbourne continues its residential boom

$500 million investment in Australia's premier retail destination
Chadstone Shopping Centre is set to maintain its mantle as Australia's premier retail precinct with a $500 million expansion project given the green light today (10 November 2012) $500 million investment in Australia's premier retail destination

In the media – New South Wales

Bill to remove housing roadblocks passes through NSW Parliament
New laws designed to ensure greater housing supply for the residents of NSW has passed through NSW Parliament today. The Environmental Planning and Assessment Amendment Bill amendments will remove conflicts between Local Environmental Plans (LEPs) and DCPs which have contributed to roadblocks delivering housing (15 November 2012) Bill to remove housing roadblocks passes through NSW Parliament

In the media – Queensland

Ship oil spill fine sends 'reef respect' message
The courts have sent a strong message to seafarers who travel near the Great Barrier Reef with a $25,000 fine for ship master Jichang Wang after pleading guilty to causing damage to a marine park (15 November 2012) More...

Energy Policy Must Address Looming Gas Price "Bubble"
The Government's Energy White Paper's increased focus on the challenges facing Australia's natural gas industry is welcome, but there remains a need to address a looming gas price "bubble" which could threaten Australian industries that rely on gas as a major input, according to the nation's gas transmission industry (12 November 2012) More...

Changes to town planning schemes made easier
The State Government has simplified guidelines for making and amending planning schemes following council and industry feedback. The new Statutory Guideline 02/12 Making and Amending Local Planning Instruments (MALPI) guideline sets out a clear process for councils to follow when seeking to make or amend planning schemes and local planning instruments (16 November 2012) More...

New maps will help resource explorers and landholders
Exploration companies and landholders will benefit from aerial surveys recently completed in the Thomson and Galilee areas of southern and central Queensland (15 November 2012) New maps will help resource explorers and landholders

Study Reveals CSG A Dirty, Polluting Industry
A new study has recorded methane leakage from coal seam gas mining in the Darling Downs in Queensland at rates that may render it a far dirtier polluting industry than coal mining. A study by scientists from Southern Cross University detected much higher levels of the strong greenhouse gas methane around the Tara gas field on the Darling Downs of Queensland west of Brisbane (14 November 2012) More...

Moreton Bay Rail Link Underway
The highly anticipated Moreton Bay Rail Link is under construction, with earthworks and bridge construction underway at Mango Hill - one of a number of new bridges being built for the project. Construction of the rail components for the Moreton Bay Rail Link will commence in the later part of 2013, with the new line scheduled for delivery by late 2016 (14 November 2012) More...

Airport-real estate agreement benefits home buyers
The agreement signed by Brisbane Airport and the Real Estate Institute of Queensland (REIQ) heralds a new era of closer cooperation between airport operators and the real estate sector, to balance the often competing needs of air transport and residential housing (09 November 2012) More...

New flightpath tool for Qld home buyers
Queenslanders could avoid buying a house in a future flightpath under a new agreement between Brisbane Airport Corporation (BAC) and the Real Estate Institute of Queensland. BAC says details of current flights paths and noise levels, in addition to future flight paths, will be available online (09 November 2012) More...

State Government to consider Costco call in
The Deputy Premier and Minister for State Development, Infrastructure and Planning will consider a ministerial call in of the approved Costco Warehouse at North Lakes to allow parties 15 business days to have their say on whether or not the development involves state interests and should be called in. (07 November 2012) Government to consider Costco call in

Published – articles, papers, reports – New South Wales

Energy white paper 2012
Author: Department of Resources, Energy and Tourism
This white paper discusses the future of Australia's energy sector, which underpins our modern economy and high national standard of living and has entered a period of unprecedented transformation and expansion (12 November 2012) Energy white paper 2012

Published – articles, papers, reports – Queensland

Housing Finance, Australia, Sep 2012
Australian Bureau of Statistics
In seasonally adjusted terms, the total value of dwelling finance commitments excluding alterations and additions rose 3.8%, with investment housing commitments rising 8.6%. In original terms, the number of first home buyer commitments as a percentage of total owner occupied housing finance commitments rose to 19.3% in September 2012 from 18.6% in August 2012 (12 November 2012) More...

In practice and courts -National

PPSA and agribusiness: priorities and enforcement
The Personal Property Securities Act 2009 (Cth) (PPSA) has provisions on priorities and enforcement which are particularly relevant to agribusiness. Special priorities apply to security interests over the products of agribusiness when granted to enable crops to be produced, or livestock to be fed or developed (06 November 2012) More...

Current Consultations: Department of Climate Change and Energy Efficiency
Current Draft Policies and Plans, Announcements

In practice and courts – Queensland

PPSA and agribusiness: priorities and enforcement
The Personal Property Securities Act 2009 (Cth) (PPSA) has provisions on priorities and enforcement which are particularly relevant to agribusiness. Special priorities apply to security interests over the products of agribusiness when granted to enable crops to be produced, or livestock to be fed or developed (06 November 2012) More...

New website: Mary Valley revitalisation initiatives
The Queensland Government has launched a new website to help facilitate access to State-owned Mary Valley properties suitable for economic development and residential use. The site will would offer a "one-stop-shop" for interested buyers and business investors (08 November 2012) More...

Cases – Victoria

Roads Corporation v Pearse [2012] VSC 527
PROPERTY LAW – adverse possession – whether Roads Corporation entitled to rely on immunity of the Crown – whether Transport Act 1983 (Vic) indicates Parliament's intention that Roads Corporation represents the Crown - whether it performs governmental functions – kind and degree of governmental control of its activities - Limitations of Actions Act 1958 (Vic) s 7, Interpretation of Legislation Act 1984 (Vic) s 46A, Transport Integration Act 2010 (Vic) ss 80, 83, 87, 98, Transport Act 1983 (Vic) ss 15-16, 30-31,42, 47, 58-60, 66, 77, 81. More...

Hermez v Karahan [2012] VSC 443
RESTRICTIVE COVENANTS – Application to remove single dwelling covenant under s 84 Property Law Act 1958 (Vic) – whether single dwelling restriction obsolete – whether removal or modification would "substantially injure" those entitled to the benefit of the restriction More...

D'Souza v Bayside CC & Ors [2012] VCAT 1660
Non-compliance with plans endorsed under planning permit No. 2000/95634/2 in contravention of conditions 1(e) and 12 of the permit in respect of an existing external airconditioning compressor unit - section 140 of the Victorian Civil and Administrative Tribunal Act 1998. More...

JG King Pty Ltd v Kim Ngan Thi Do [2012] VSC 545
EXECUTION – Order sought pursuant to r 66.15 of Supreme Court (General Civil Procedure) Rules 2005 for sale of real property by Sheriff at auction without reserve - Consideration of Zhou v Kousal and ors [2012] VSC 187 - Consideration of sale at "not below" price or sale subject to Court approval - Sheriff seeks sale if without reserve to be subject to Court approval - So ordered More...

Marvolos Pty Ltd v VADF Pty Ltd [2012] VSC 550
CAVEATS – Removal of caveat – Whether there was a serious question to be tried that the first defendant had a caveatable interest in properties the subject of contracts of sale – No material change entitling the first defendant to issue a notice of abatement – Whether time was of the essence – Whether the first defendant repudiated the contracts - Contracts came to an end – Order for removal of caveat – Transfer of Land Act 1958, s 90(3) More...

Kormas Enterprises Pty Ltd v Ellis (Retail Tenancies) [2012] VCAT 1671
LANDLORD AND TENANT – Conversion of tenant's goods left on the demised premises following re-entry; trespass by reason of goods remaining on demised premises; damages in the form of mesne profits. Evidence – sufficiency of evidence to prove quantum of claim; credibility of witnesses' testimony; assessment of damages based on limited evidence. The Applicant must pay the Respondent $11,650.90 More...

Cases – Queensland

Rakaia Pty Ltd v Body Corporate for 'Inn Cairns' Community Titles Scheme 16010 [2012] QCA 306
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – OTHER MATTERS – where appellant appeals decision of QCAT appeal tribunal – where a dispute arose between a body corporate and a unit owner – where the dispute involved a development approval for a material change of use of Lot 36 from holiday accommodation to a multiple dwelling unit – whether the appeal tribunal erred in its findings with respect to the characterisation of the resolution as not being a decision on a restricted matter with the consequence that it was void as beyond the power of the committee to make as a decision of the body corporate – whether the attachment of the common seal to the IDAS form 1 was not authorised by the committee More...

Giorgio Trevisin and Anna Maria Trevisin v Julatten Developments Pty Ltd as Trustee under Instrument 710018985 [2012] QSC 341
Plaintiffs have for decades traversed the defendant's land for access to their own – they have used a path which follows a road marked on a registered survey plan – that road has never been gazetted – whether the plaintiffs have a lawful entitlement to use that road – indefeasibility: the defendant took without (adequate) notice of the proposed new road reservation – if no lawful entitlement in the plaintiffs, whether they should be granted a statutory right of user over that route – where the alleged lawful entitlement does not clearly emerge from the register – where practicable affordable access is available to the plaintiffs' land, which is not landlocked, other than by passing through the defendant's land More...

Legislation – Victoria

Bills Introduced and Second Read in the first House
Electronic Conveyancing (Adoption of National Law) Bill

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