Australia: Property & Projects - What's News - 3 April 2013

Last Updated: 7 April 2013

In the media – National

Centre managers see cause for optimism
Shopping centre managers are reporting an increase in leasing enquiry for the first time since 2011, according to Jones Lang LaSalle's (JLL) latest National Retail Centre Managers' Survey (18 March 2013) More...

CBRE: Foreign investor interest in Australian commercial property at pre-GFC highs
The prospect of securing high-yielding investments in a mature, transparent and liquid real estate market is drawing foreign investors to the Australian commercial property market (13 March 2013) More...

In the media – New South Wales

Sydney's first EUA at Central Park announced
The City of Sydney, ANZ, Eureka and Low Carbon Australia have struck Sydney's first Environmental Upgrade Agreement with a $26.5 million package to fund a trigeneration plant at Central Park, the $2 billion mixed-use development by Frasers Property and Sekisui House (20 March 2013) More...

NSW Government and landowners unlock supply
The NSW Government will take immediate action to support development of up to 15,850 new homes across the Sydney region with community consultation taking place on another 60,000 dwellings. The Government has also released the Evaluation Report into the sites investigated and the Government's endorsed actions in relation to these sites is available online at (16 March 2013) Government and landowners unlock supply

In the Media – Queensland

Global property investment volumes on the rise
The global property investment market saw a 6 percent rise in 2012 to US$929 billion, but could exceed the US$1 trillion mark in 2013, according to Cushman & Wakefield's latest International Investment Atlas (18 March 2013). More...

ACCC unfair contract terms deleted following review
Unfair contract terms used in standard form consumer contracts have been changed or removed following an industry specific review and engagement by the Australian Competition and Consumer Commission (13 March 2013). More...

Greater national protection for water resources
The Environment Minister will introduce amendments to Australia's national environment law, the Environment Protection and Biodiversity Conservation Act 1999 that will require federal assessment and approval of coal seam gas and large coal mining developments which have a significant impact on a water resource (12 March 2013). More...

Vegetation management changes to support new agricultural areas
Amendments proposed in the Vegetation Management Framework Amendment Bill 2013 will allow sustainable vegetation management activities to occur to support the development of high value agriculture in areas with appropriate land and climate characteristics (20 March 2013). More...

Queensland Land valuations confirm subdued market
The Queensland valuer-general's latest figures confirm the state's property market has remained subdued over the past year. Land valuations are today being posted to more than 1.4 million people across Queensland (20 March 2013). More...

Attorney-General to conduct full body corporate review
The Government will now conduct a full review of the Body Corporate and Community Management Act as part of a broader review of property laws, after amendments passed parliament this week (19 March 2013). More...

SEQ retail centre to expand
Orion Springfield shopping centre in Springfield Lakes, Queensland will undergo a major expansion, with Mirvac to begin construction on $16 million stage two, following council approval. Orion stage one was completed in early 2007 and was awarded a six star Green Star retail centre rating (18 March 2013). More...

Queensland Government announces Aurizon sale
The Newman Government has confirmed it will sell $806 million worth of shares in Aurizon Holdings (formerly QR National) in a deal involves the sale of 200 million shares in Aurizon to institutional and sophisticated investors in Australia and offshore (16 March 2013). More...

Vogue on Main development in Surfers Paradise
Based on advice received the State Government has decided against a call in of the "Vogue on Main" development in Surfers Paradise. An application was made for a call in by the developer in February after an appeal against the development was made to the Planning and Environment Court (14 March 2013). More...

Queensland project signs up for first Green Star communities
A new development in one of Australia's fastest-growing regions is set to achieve a Green Star - Communities rating. Ecco Ripley, located just five kilometres from the centre of Ipswich, is the first in Queensland to be accepted as a project for the newly-released Green Star - Communities PILOT rating tool (13 March 2013). More...

CSG law changes at odds with mining, agriculture
Qld mining and farming groups say there is an imbalance between mining and agriculture with the proposed Federal Government changes to coal seam gas (CSG) laws (13 March 2013). More...

Published – articles, papers, reports – Queensland

Australian Government response to the Climate Change Authority's Renewable Energy Target Review Final Report
Last December the Climate Change Authority delivered its review into the RET, offering 34 rcommendations to the government. The government agrees that full reviews every four years would provide an appropriate balance between flexibility in the scheme and policy stability for investments. More...

The Business Case for Green Building: A Review of the Costs and Benefits for Developers, Investors and Occupants
World Green Building Council (WorldGBC)
Highlights a large number of compelling benefits of green buildings and examines whether or not it's possible to attach a financial value to the cost and benefits of green buildings (14 March 2013). More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released

Reformed residential zones update
The Reformed Zones Ministerial Advisory Committee submitted its progress report on the residential zones to the Minister for Planning on 14 December 2012. The government has responded to this report with a set of final zones. Revised version of the final residential zones published on 6 March. Click here for the 6 March 2013 version. (14 March 2013)

Commencement of Act to adopt national e-conveyancing law
The Electronic Conveyancing (Adoption of National Law) Act 2013 was partially commenced in Victoria on 14 March 2013. The purpose of the Act is to adopt the national law relating to electronic conveyancing in Victoria.

Victorian retail leasing: proposed Retail Leases Regulations 2013 submissions
Submissions from interested parties on the proposed Retail Leases Regulations 2013 and regulatory impact statement are open until 25 March 2013 More...

In practice and courts – Queensland

Recommendations timetable - Australian Government response to the Climate Change Authority's Renewable Energy Target
The Government intends to implement the recommendations in several stages. The recommendations that do not require legislative change (Recs 8, 11, 15, 19, 20, 22 and 30) will be implemented during 2013. The recommendations requiring legislative change (1, 10, and 17) will be implemented through a package of amendments the Government intends to introduce later in 2013. Three recommendations (13, 21 and 24) are agreed in principle, subject to further consultation and analysis which will commence in the first half of 2013 (21 March 2013). More...

Carbon Farming workshops to be held in April and May 2013
The Clean Energy Regulator will be hosting the Carbon Farming Initiative: From Plan to Practice, a series of workshops to be held in April and May 2013. The workshops will visit metropolitan and regional areas of New South Wales, Victoria and Queensland. More...

Department of Natural Resources and Mines - Titles Registry Caveats
Practitioners are reminded of the requirement under section 126(4)(b) of the Land Title Act 1994 (the Act) to notify the Registrar of Titles of proceedings commenced to establish an interest claimed in a caveat (March 2013). More...

Draft new City Plan factsheets
The draft new City Plan has recently become available on Council's website.
View the draft plan here online. A suite of helpful factsheets are now also available to view. These factsheets provide a quick summary of the draft new City Plan and provide guidance on how to read the plan, including Planning for the future: The draft new City Plan. Council is accepting feedback on the draft plan now, however you can also have your say during the formal statutory period by making a formal submission. More....

Cases – Victoria

South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd & Ors (Retail Tenancies) [2013] VCAT 266
Retail tenancy – option for a further term – whether exercised – whether notice of intention sufficient – objective interpretation of notice – circumstances in which notice received – negotiations for new lease – whether concluded agreement reached – Landlord carrying out extensive building work to building – whether breach of covenant of quiet enjoyment – whether nuisance – Tenant counterclaim for damages - Limitation of Actions Act 1958 – no recovery for breach of covenant or damage suffered from nuisance more than six years before counterclaim brought – damages – evidence – impossibility of precise calculation – assessment More...

Tien v Pho & Anor (Real Property) [2013] VCAT 265
Property Law Act 1958 – Part IV - Co-owned property – adjustment of rights of parties according to contributions – evidence – whether resulting trust - declarations made only for purpose of exercising powers under Part IV – one party renting co-owned property and failing to account to co-owner – whether appropriate to adjust rights according to amounts received or order payment of share to co-owner from proceeds of sale - removal of caveat encumbering title to allow sale – retention of proceeds in account to abide claim by the caveator More...

Cases – Queensland

Cleveland Power P/L v Redland Shire Council [2013] QPEC 009
PLANNING AND ENVIRONMENT – where Council refused a request to extend the period of a development approval – where developer appealed Council's refusal – where Council no longer opposes an order extending the period of approval – whether the court should have regard to the matters in s 388(1) of the Sustainable Planning Act 2009. PLANNING AND ENVIRONMENT – where Council refused developer's request to extend period of a development approval – where the approval is consistent with current laws and policies – where high level of community awareness of the development approval – where if the request were refused further rights to make a submission would be available for a further development application and would be exercised by members of the public – whether to extend the relevant period of the development approval. More...

John Mahoney, Kathryn Mahoney and Austin Mahoney v Chief Executive, Department of Transport and Main Roads [2013] QLC 11
Compensation is determined in the amount of One Million, Seven Hundred and Seven Thousand, Five Hundred Dollars ($1,707,500). Acquisition of land ? whether change of zoning was part of a scheme to resume the land for a public purpose. More...

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