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In the media – National
Foreign investment in funds lifts
Offshore investors have been targeting Australian retail property
through unlisted wholesale funds, driving firmer yields for prime
assets, according to research from Savills Australia (15 April
2013)
More...
ASIC reinforces problem of property spruikers in
SMSFs
ASIC has identified real property spruikers as problem area for
self-managed superannuation funds (SMSFs), according to ASIC
commissioner. Peter Kell has told a CPA Australia event that the
problem of real property investment was identified during an ASIC
review of over 100 files relating to the establishment of SMSFs (11
April 2013)
More...
In the media – Victoria
Councils should offer farms lower differential
rates
A Victorian Coalition Government review of local government
differential rating powers has found councils should provide lower
differential rates for farm land within their municipalities,
Minister for Local Government Jeanette Powell said today (11 April
2013)
Councils should offer farms lower differential rates
In the media – New South Wales
The new planning system proposals if fully implemented
can lift the states prosperity
The raft of new initiatives in the White Paper have tackled the
key problem areas in the current planning system and presented good
reforms although the detail will ultimately determine the success
of the package, says Urban Taskforce CEO, Chris Johnson (16 April
2013)
The new planning system proposals if fully implemented can lift the
states prosperity
Planning White Paper released: Communities and
consultation at the heart of planning
Communities across NSW will shape the future of their streets,
suburbs and regions and benefit from faster development application
decisions under the biggest overhaul of the State's planning
system in over 30 years, with the release of the Planning White
Paper which outlines how the planning system will be transformed
(16 April 2013)
More...
In the media – Queensland
Australia set to be No.1 LNG Exporter
Federal Resources Minister Gary Gray has predicted Australia will
be the biggest liquefied natural gas (LNG) exporter in the world
within five years. Australia is ramping up production to meet
global demand for LNG with the International Energy Agency
predicting a 50 per cent rise in gas demand by 2035 (17 April 2013)
More...
Councils to sue Standard & Poors in new
action
Australian councils burned by toxic investments in collateralised
debt obligations (CDOs) from collapsed bank Lehman Bros. have
escalated their legal action and will try and rope-in ratings
agency Standard & Poors in their bid to recover losses of
around $200 million (16 April 2013)
More...
Building Local Resilience in a Changing
Climate
The $4.5 million in 13 Coastal Adaptation Decision Pathways (CAP)
projects over 2011-2012 delivers useful tools and fresh analysis
for managing climate risk around Australia's coastlines. The
project leaders will publish information about their individual
projects, offering state and local government decision makers
additional information in managing climate risks (15 April 2013)
More...
Patchy progress in carbon cutting shows carbon laws at
work, highlights policy gaps
The fall in Australia's carbon emissions revealed by
today's Greenhouse Accounts Update shows that Australia's
carbon policies are beginning to make progress in most sectors, but
that they must be maintained and strengthened to address sectors
where emissions continue to rise (15 April 2013)
More...
Accusations fly over Queensland land clearing
laws
The Queensland government has hit back over its controversial plan
to ease restrictions on clearing by farmers and other property
owners after the new laws again drew flak from councils over a lack
of consultation and environmental groups opposed fearing threatened
habitats will be destroyed (19 April 2013)
Accusations fly over Queensland land clearing laws
Building sale pays down debt
The State Government will use the proceeds from the sale of seven
office buildings in the Brisbane CBD to pay down close to half a
billion dollars in debt (18 April 2013)
More...
Queensland builds ecotourism while cutting red
tape
Queensland parliament has passed amendments to increase access and
enable innovative investment in the state's National Parks,
with changes to the Nature Conservation Act 1992, the Forestry Act
1959 and the Brisbane Forest Park Act 1977 (18 April 2013)
More...
Bill paves way for streamlined
conveyancing
Queenslanders will enjoy more streamlined, simplified conveyancing
after legislation to adopt a national electronic conveyancing
system was passed in State Parliament today (17 April 2013)
http://statements.qld.gov.au/Statement/2013/4/18/bill-paves-way-for-streamlined-conveyancing
Westfield to redevelop Brisbane centre
Westfield has announced a $400 million redevelopment of its
Westfield Garden City shopping centre at Mt Gravatt, 12km south
east of Brisbane. Completion is expected in late 2014 (15 April
2013)
More...
Published – articles, papers, reports – Victoria
Public asset valuation
Victorian Auditor-General's Office (VAGO)
This report finds that the Valuer-General Victoria's processes
for assuring the validity of its valuations are not rigorous (17
April 2013)
Public asset valuation
In practice and courts – Queensland
Electronic Conveyancing National Law (Queensland) Bill
2012
The Bill would allow businesses, solicitors and the general public
to benefit from participating in a consistent national
e-conveyancing system. E-conveyancing will be gradually
implemented, with the program's first stage expected to
commence in Queensland by the end of 2013 (17 April 2013)
More...
Cases – Victoria
TJBP Pty Ltd v Brown & Ors; Mornington Peninsula
Shire Council v Brown & Ors [2013] VSC 173
PLANNING AND ENVIRONMENT – Appeal from order of the
Victorian Civil and Administrative Tribunal making an enforcement
order under s 114 of the Planning and Environment Act 1987 (Vic)
and a declaration under s 124 of the Victorian Civil and
Administrative Tribunal Act 1998 (Vic) as to the validity of plans
of subdivision – Permit for 41 lot subdivision amended and
subsequently extended by the Council – Condition in amended
permit provided for the expiry of the permit – Enforcement
order made on the ground that the permit had expired by the time it
was extended – Whether the permit had expired at time of
purported extension – Effect of the initial certification of
plan of subdivision – Effect of the permit condition in the
amended permit – Whether the enforcement application should
be remitted to the Tribunal or finally disposed of –
Enforcement application dismissed without remittal – Osland v
Secretary to the Department of Justice (2010) 241 CLR 320 –
Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 124,
148(7)(b) – Planning and Environment Act 1987 (Vic) ss 68(1),
69, 114 – Subdivision Act 1988 (Vic) ss 7, 11, 13, 41 –
Appeal allowed More...
Qin v Smith [2013] VSC 158
REAL PROPERTY – Caveat – Application to remove caveat
– Transfer of Land Act 1958 s 90(3) – Serious question
to be tried – Estate or interest in land – Balance of
convenience http://www.austlii.edu.au/au/cases/vic/VSC/2013/158.html
National Hospitality Group Pty Ltd v Regal Hotels Pty
Ltd (Retail Tenancies) [2013] VCAT 413
Retail Lease – Division 4 Part 10 of the Retail Leases Act
2003 - application of s 54(2) - landlord fails to take reasonable
steps within the landlord's control to stop or prevent
disruption to the tenant's trading at the retail premises
following successive flooding events - claim for compensation
damages for loss of profits and abatement of rent More...
Charles Lloyd Property Group Pty Ltd v Buchanan [2013]
VSC 148
CONTRACT ? Sale of land ? Sale of undeveloped and forested land
for subdivisional development ? Occurrence of past suicide on land
? Non disclosure by vendor to purchaser of that fact ? Subsequent
discovery of event by purchaser ? No assertion by vendor of
wrongful silence by vendor on a material matter ? Agreement to
extend completion date of contract despite discovery ? Purchaser
failed to complete and failed to remedy default ? Vendor's
rescission ? Purchaser's action to annul contract on the
grounds of misleading and deceptive silence ? Vendor's
application for summary dismissal ? Application granted. FAIR
TRADING ? Misleading and deceptive conduct ? "Engaging in
conduct" ? Conduct by silence ? Mere silence ? Elements of
liability ? Requirement for materiality ? Requirement for reliance
and being led into error ? Fair Trading Act ss 3, 9. PRACTICE AND
PROCEDURE ? Summary dismissal ? Applicable test under Civil
Procedure Act ? "No reasonable prospect of success" ?
Differentiation from established test under Rules of Court for
summary judgment ? Civil Procedure Act ss 63, 64 ? Rules of Court r
22, 23 More...
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