Australia: Property & Projects - What's News - 15 April 2013

Last Updated: 20 April 2013
Most Read Contributor in Australia, September 2016

In the media – National

ACCC data shows that fewer farmers are leaving irrigation in the Murray Darling Basin
The ACCC has released its third annual Water Monitoring Report for the Murray-Darling Basin (MDB) under the Water Act 2007. The report shows that farmers are seeing the benefits of a water market that allows water trading to meet the needs of variable rainfall (03 April 2013) More...

Commercial retail proves its resilience
The retail property sector has proven to be the most resilient commercial property sector in the global financial crisis, when compared to the industrial and office markets, according to a report from Savills Research (01 April 2013) More...

Data-matching crackdown over residential and commercial property sales by ATO
The Australian Tax office will use new data-matching technology to closely scrutinise residential and commercial property sales to ensure tax payers paid the correct amount of tax (26 March 2013) More...

In the media – Victoria

EPA updates guidelines around buffer zones
EPA has released new separation distance guidelines, assisting developers, local councils and the general public understand environmental risks associated with certain planning and development decisions (04 April 2013) EPA updates guidelines around buffer zones

Strong building and retail trade results for Victoria
Strong building approval and retail trade results announced by the Australian Bureau of Statistics (ABS) demonstrate the strength of the Victorian economy, according to the Treasurer Michael O'Brien (04 April 2013) Strong building and retail trade results for Victoria

Streamlined approvals process to benefit business and the economy
Businesses and the Victorian economy are set to benefit from a fairer and more predictable approval system with the release today of EPA Victoria's Approvals Review Final Report (04 April 2013) Streamlined approvals process to benefit business and the economy

ARA & Small Business Commissioner partner to help retailers negotiate leases
The Australian Retailers Association (ARA) will be helping Victorian retailers empower themselves to successfully negotiate a retail lease in a series of retail tenancy workshops in April and May, all to be attended by Victorian Small Business Commissioner (03 April 2013) More...

Melbourne property market softer than other capital cities: RBA
The Melbourne property market looks softer compared with other capital city markets, the Reserve Bank of Australia has noted in its March 2013 Financial Stability Review (28 March 2013) More...

In the media – New South Wales

Delays in DAs highlighted need for new system Delays in council approval times for new housing, renovations and commercial construction highlights the urgent need for a new planning system in NSW, according to the NSW Minister for Planning and Infrastructure with the release of the Local Development Performance Monitoring Report for 2011-12 (30 March 2013) More...

North West Rail Link corridor strategy open for comment
The NSW Government has invited residents to four consultation sessions so they can learn more, and have their say, about the North West Rail Link (NWRL) corridor strategy (25 March 2013) Have your say on the North West Rail Link corridor strategy.

State Government unlocks land in 'Paper Subdivisions'
The NSW Government has released new guidelines to help thousands of small landowners who have been unable to sell or build on their property for decades. When properties were originally subdivided, no land was allocated for infrastructure, making it virtually impossible for legitimate development to occur (25 March 2013) Government unlocks land in 'Paper Subdivisions'

In the media – Queensland

Carbon farming credits (ACCUs) approach 400,000
According to the Clean Energy Regulator 393,451 Australian Carbon Credit Units (ACCUs) have been issued as part of the Carbon Farming Initiative between 1 January 2012 and 31 March this year (04 April 2013) More...

ESG impact study: risks can wipe $21.4bn off sharemarket
According to an ESG impact study on ASX-listed companies by Credit Suisse Mismanaging the risks associated with Environment, Social and Governance (ESG) issues can cost businesses as much as $21.4 billion (28 March 2013) More...

Solar leasing plan to fuel new industry boom
An Australian community group has launched a solar leasing initiative aimed at helping consumers avoid the often hefty upfront costs of converting to solar energy (27 March 2013) More...

Australia low-carbon competitiveness improves as Asia takes centre stage
Asia, especially China, is taking centre stage in preparedness for the low-carbon economy, with Australia staging a fragile reversal in its previously declining low-carbon competitiveness. These are the two key conclusions of the updated Climate Institute/GE Low-Carbon Competitiveness Index (26 March 2013) More...

Queensland Globe spatial data opens up world of possibilities
The launch of a new computer program will open up a vault of spatial data and provide countless opportunities across the property, development, education and tourism sectors, with data including land tenure status, property boundaries, postcode, locality or electoral boundaries to the popular and readily available Google Earth (03 April 2013) More...

Commonwealth Games Village requires development partner
The Queensland Government is seeking a development partner for the Commonwealth Games Village for the Gold Coast 2018 Commonwealth Games. It today initiated an Expressions of Interest process for the development (04 April 2013) More...

Greentape reduction measures come into effect
The changes streamline application and approval processes under the Environmental Protection Act 1994, remove licence requirements for 20 environmentally relevant activities and introduce a new category of small scale mining activity which does not require an environmental authority (02 April 2013) More...

Draft Wet Tropics Water Plan released for public comment
A draft plan to establish a robust water allocation and management framework for the Wet Tropics region was released by the Queensland Government. The draft plan defines water allocation security objectives and clearly specifies entitlements and environmental flow objectives (28 March 2013) More...

$100,000 for Gulf Savannah project
The Deputy Premier and Minister for State Development, Infrastructure and Planning has announced funding for the Gulf Savannah Development Regional Investment and Migration Project (RIMP), to make one regionally significant infrastructure priority 'investment-ready' and promote investment opportunities (26 March 2013) More...

Published – articles, papers, reports – Queensland

Third annual Water Monitoring Report for the Murray-Darling Basin (MDB)
Australian Competition and Consumer Commission
This report shows that farmers are seeing the benefits of a water market that allows water trading to meet the needs of variable rainfall. The report also details a number of other issues, in particular: infrastructure pricing and investment, water trading activity, and water planning and management charges imposed by government entities (03 April 2013) More...

Monitoring of South-East Queensland Retail Water and Wastewater Prices and Costs for 2012-13
Queensland Competition Authority (QCA)
"The report concludes three years of price monitoring of Queensland Urban Utilities (QUU) and Unitywater by the QCA The 2012-13 report finds that there is no evidence that QUU and Unitywater are exercising market power (02 April 2013) More...

Climate Institute/GE Low-Carbon Competitiveness Index Factsheet
The Climate Institute
The Low Carbon Competitiveness Index provides an important picture of the competitiveness of the G20 countries (March 2013) More...

In practice and courts – Queensland

Filling the Research Gap program funding
The Program aims to provide data to assist in developing methodologies that help farmers and landholders participate in the Carbon Farming Initiative to reduce emissions, improve their farm sustainability and diversify their farm income. Recipients are outlined here (03 April 2013) More...

Cases – Victoria

Violet Homes Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56
UNCONSCIONABLE CONDUCT – Mortgage originator acting as agent for lender – Fraudster supplying false application and income declaration for borrower to finance broker who submitted documents to mortgage originator and fund manager – Borrower not consciously responsible for inclusion of false information – Application and declaration contained different income figures for borrower and did not include ABN – Mortgage originator asked for ABN and stated that income figures in forms needed to be the same – Application and declaration re-submitted with reduced income figure below threshold requiring ABN – No direct contact between borrower and finance broker, mortgage originator, fund manager or lender – Employee of mortgage originator who processed application available but not called – Conduct of mortgage originator unconscionable – Orders against lender and mortgage originator accordingly – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB(1); Tonto Home Loans Australia Pty Ltd v Tavares (2011) 15 BPR 29 considered. FINANCIAL SERVICES – Supply of financial services to a consumer – Loan of type used for personal investment - Services of a kind ordinarily acquired for personal, domestic or household use – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB(5) More...

Cases – Queensland

Knott Investments Pty Ltd & Ors v Fulcher & Ors [2013] QCA 067
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – WARRANTIES – where the second respondent, a company controlled by the first respondents, entered into a contract of sale with the second appellant for the purchase of a Winnebago – where an air conditioning unit installed in the Winnebago caught fire and substantially destroyed the shed, and the contents of the shed, in which it was parked – where, following the fire, the first respondents elected to sell the farm land on which the second respondent conducted a tomato farming business – where the second appellant was held liable to the second respondent for breach of an implied warranty under s 71 of the Trade Practices Act 1974 (Cth) and s 17 of the Sale of Goods Act 1896 (Qld) – where the appellants were ordered to pay the second respondent damages for damage to property and economic loss – whether the second respondent's economic loss following the sale of the farm land was caused by the breach of the implied warranty. DAMAGES – GENERAL PRINCIPLES – MITIGATION OF DAMAGES – PLAINTIFF'S DUTY TO MITIGATE – where the second respondent, a company controlled by the first respondents, conducted a tomato farming business – where a fire destroyed the packing shed and plant – where, following the fire, the first respondents elected to sell the farm land on which the second respondent conducted its tomato farming business – where the primary judge held that the second respondent's loss of income was caused by the fire, notwithstanding the sale of the land – whether the loss of profits from the tomato farming business after the sale of the farm land were caused by the fire – whether the second respondent failed to mitigate its loss by not recommencing the tomato farming business – whether the loss of sugar cane revenue was caused by the sale of the farm land or the wrongful conduct of the appellants – whether the first respondents, by selling the land, received a windfall which should have been brought into account. More...

Wright v KB Nut Holdings Pty Ltd [2013] QCA 066
TORTS – NEGLIGENCE – DANGEROUS PREMISES – INJURIES TO PERSONS ENTERING PREMISES – WHERE ENTRY PURSUANT TO CONTRACT – where the appellant and the respondent entered into a contract under which the respondent agreed to let the appellant and her family reside in serviced apartments for reward – where the appellant tendered DVD evidence of the filthy state of the apartment – where the internal stairs were dirty and sticky and had a build up of dust, hair and fluff where the risers joined the treads – where the appellant suffered a needle stick injury which caused her psychiatric impairment while cleaning the stairs – where the appellant claimed damages for breach of contract, negligence and for breach of a contractual term implied pursuant to s 74(1) of the Trade Practices Act 1974 (Cth)– whether the respondent was negligent. APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – FINDINGS ON ISSUE OF NEGLIGENCE – GENERALLY. More...

Christopher Ian Slater and Sharyn Patricia Slater v Victor John Edward Appleton and Janet Anne Appleton [2013] QLC 13
The original compensation in each mining lease is confirmed. MINING – COMPEN SATION - right to have compensation reviewed if change of circumstances of lease - what can permit review - Mineral Resources Act 1989 , s.283B ; Environmental Protection Act 1994 , s.149 More...

Ms Heerak Jong v Beevers Real Estate [2013] QCAT 090
MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY – section 429 general dispute between lessor and tenant about a general tenancy agreement – where applicant claims rental bond upon completion of obligations arising from the Residential Tenancy Agreement – where respondent claims compensation for cleaning and damage to property and rental arrears. More...

Legislation – Queensland

Commonwealth Legislative Instruments
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) No 17 of 2013

An Act to amend various Acts relating to agriculture, fisheries and forestry, and for related purposes administered by: Agriculture, Fisheries and Forestry Date of Assent 27 March 2013 (04 April 2013) 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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.