Australia: Property & Projects - What's News - 18 December 2012

Last Updated: 19 December 2012
Most Read Contributor in Australia, September 2016

In the media – National

Australia deserves best practice in real estate
The Real Estate Institute of Australia wants best practice, not a lowering of standards for the profession as is proposed by the Consultation Regulation Impact Statement and has called on the Council of Australian Governments (COAG) to move real estate to the second tranche of national occupational licensing reforms (05 December 2012) More...

In the media – Victoria

New heights planned for Victoria's alpine resorts
The long-term viability of Victoria's alpine resorts will be strengthened following the tabling in Parliament today of a new strategic plan by Minister for Environment and Climate Change Ryan Smith (13 December 2012) New heights planned for Victoria's alpine resorts

Market tenants saved from Labor's doubling and tripling of rents
A further step has been taken in the Melbourne Wholesale Market Relocation project with the release of proposed rents, fees and charges to the market community (13 December 2012)
Market tenants saved from Labor's doubling and tripling of rents

Victoria plans two new Melbourne suburbs
Victoria can expect two new suburbs in the coming years as Matthew Guy has announced a new 'employment focussed' suburb in East Werribee along with the inner city urban renewal development of Fishermans Bend (12 December 2012) More...

Wodonga set for $46.9 million Urban Renewal Initiative
Wodonga will undergo a major urban renewal project with the help of $3 million from the Victorian Coalition Government (04 December 2012) Wodonga set for $46.9 million Urban Renewal Initiative

In the media – New South Wales

Australia's Major Project Development Assessment Processes: new study
The Productivity Commission has been asked to report within 12 months on Australia's Major Project Development Assessment Processes. The study covers regulatory objectives and key features of Australia's major project development assessment processes at all levels of government across all jurisdictions (10 December 2012) More...

Trams in, cars out in Sydney CBD transport plan
The New South Wales Government has unveiled its final transport master plan, which confirms it will build a light rail line through Sydney's central business district (13 December 2012) More...

NSW Long Term Transport Master Plan – Investing in our regions
The Master Plan and detailed Regional Transport Plans that will follow– will improve transport services and infrastructure in each of NSW's 10 regional communities, according to the NSW Government. These plans will integrate transport with land use planning and respond to each region's future transport needs (13 December 2012) More...

In the media – Queensland

ACCC proposes to authorise Casual Mall Licensing Code of Practice
The ACCC proposes to grant authorisation to the Shopping Centre Council of Australia Ltd for its Casual Mall Licensing Code of Practice. Authorisation is proposed for a period of five years, with the similar code of conduct 2007 due to expire on 31 December 2012 (13 December 2012) More...

More to do for a smarter, cheaper and more efficient electricity supply
A new report on Australia's electricity markets has. In its inaugural National Electricity Reform Scorecard, the Energy Supply Association of Australia found there's more work to do to create open, competitive and efficient energy markets around Australia (10 December 2012) More to do for a smarter, cheaper and more efficient electricity supply

2012 Report on Australian Cities Welcomed
Planning professionals Australia wide have welcomed the Federal Government's release of State of Australia Cities. The State of Australia Cities 2012 provides the evidence base to support the National
Urban Policy – Our Cities, Our Future and is a necessary ingredient in good planning (04 December 2012) More...

Great Keppel project assessment on track
The supplementary environmental impact statement (SEIS) for the $592.5 million Great Keppel Island Resort (GKIR) development is now available on the Department of State Development, Infrastructure and Planning website, Deputy Premier Jeff Seeney said today (13 December 2012) Great Keppel project assessment on track

Tate calls for Gold Coast cultural precinct plans
The Gold Coast Mayor says it is time for the city to have a cultural precinct, announcing an architectural competition for the design of the CBD area (11 December 2012) More...

Parklands handover a step closer
The handover of South Bank and Roma Street Parklands to the Brisbane City Council (BCC) is a step closer, with the signing of a Principles Statement, which includes a 10-year lease agreement to transfer responsibility for Brisbane's South Bank and Roma Street Parklands to Brisbane City Council
(11 December 2012) Parklands handover a step closer

Upgrades to Port of Cairns cruising along
The Queensland Coordinator-General's assessment of the proposed upgrade of the Port of Cairns moves forward after terms of reference for an environmental impact statement (EIS) were finalised. The project is being assessed in parallel with the Commonwealth Government's assessment under the EPBC Act (06 November 2012) Upgrades to Port of Cairns cruising along

Published – articles, papers, reports – Queensland

State of Australian Cities 2012
Author: Department of Infrastructure and Transport
This report is third in a series of annual Australian Government publications bringing together current data to show how our major cities are evolving and to strengthen the knowledge base on which urban policy can be developed (released December 2012) State of Australian Cities 2012

Six Point Action Plan - Land Access Framework
Author: Queensland Government
The Government's Six Point Action Plan for Land Access will build on the many successful models of co-existence already evident between resource companies and landholders, as well as providing a fair and equitable dispute resolution system for parties that cannot reach agreement. The report can be accessed at More... (14 December 2012)

In practice and courts – Queensland

ACCC interim authorisation: Casual Mall Licensing Code of Practice
The ACCC is granting interim authorisation to commence on 13 December 2012, until the final determination is released. The ACCC is now seeking submissions on the draft determination. For further information about the application see the website (13 December 2012) More...

Repeal of laws mandating energy efficient hot water systems and water saving (rainwater tanks) laws
Laws mandating energy efficient hot water systems, rainwater tanks and other water savings measures will be repealed in 2013 for new houses ( (Queensland Development Code mandatory parts 4.2 and 4.3) (14 December 2012) Repeal of laws mandating energy efficient hot water systems and water saving (rainwater tanks) laws

Notice of Adoption of an Amendment to Brisbane City Plan 2000
Pursuant to Step 5.2A of Stage 3, Part 3 of the Statutory Guideline 02/12 Making and amending Local planning instruments - On 20 November 2012, Council adopted amendments to Brisbane City Plan 2000 to amend the Heritage Register Planning Scheme Policy with the addition of the – Deagon Racecourse. The amendments are effective on and from 30 November 2012 More...

Cases – Victoria

New Tech Engineering Pty Ltd v Masterfunds Pty Ltd [2012] VSC 583
LANDLORD AND TENANT – commercial lease of factory premises – interpretation and application – questions arising for determination – whether tenant's use of premises restricted to steel fabrication – whether premises prohibited from being used for spray painting of steel used in steel fabrication – whether storage of materials outside premises and in car park prohibited – whether tenant obliged to enter into lease on more onerous rent and rent review terms – whether landlord has grounds of re-entry and termination of lease – Property Law Act 1958 (Vic) ss 137 and 146 More...

McIntyre & Anor v Kucminska Holdings Pty Ltd (Retail Tenancies) [2012] VCAT 1766
LANDLORD AND TENANT - Section 251 Building Act 1993; whether tenant responsible to implement essential safety measures under terms of the lease; whether landlord liable for costs of implementing essential safety measures. Evidence - whether sufficient evidence adduced; fallibility of human memory. Termination of lease - whether acts or omissions on the part of the landlord prevented the tenant from conducting its business. Pleading - whether fresh issues can be raised in closing submissions which were not raised in points of claim. Misleading and deceptive conduct - representations made by leasing agent; Australian Consumer Law (Victoria) - Part 2.2 Australian Consumer Law and Fair Trading Act 2012. Damages - mitigation of loss and damage; relevant principles considered More...

Yang & Anor v Drivas (Retail Tenancies) [2012] VCAT 1833
LANDLORD AND TENANT – Section 52 of the Retail Leases Act 2003; responsibility for damage caused to tenant's plant and equipment due to water ingress, whether landlord failed to maintain the demised premises in a condition consistent with the condition of the premises at the commencement of the lease or whether water ingress caused by storm damage – section 57 of the Retail Leases Act 2003; abatement of rent; whether proportion of rent able to be abated. Evidence – sufficiency of evidence; whether elements of claim proved on balance of probabilities. Rent and outgoings in arrears More...

Owners Corporation No1- PS336302K v Fairfax House Quest Lodging Pty Ltd (Owners Corporation) [2012] VCAT 1837
'Occupier' – serviced-apartment business – alleged breach of rules for use of common property – whether respondent, as tenant, is 'an occupier of a lot'.
Dispute resolution process – whether proceeding should be dismissed if owners corporation did not follow the process – Owners Corporations Act 2006 ss 153, 164 – Interpretation of Legislation Act 1984 s 45(1). Stay of proceeding – Supreme Court proceeding commenced – disputes over clauses in leases as well as owners corporation disputes – whether just and convenient to stay this proceeding pending determination of Supreme Court proceeding – stay ordered More...

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