Australia: Propety & Projects - What's News - 13 May 2013

Last Updated: 17 May 2013
Most Read Contributor in Australia, September 2016

In the media – National

Trust sector gets on a roll
The search for higher-yielding investments by cashed-up super funds and overseas buyers has led to strong gains for the real estate investment trusts sector in the past month. The weight of money flowing into the property market has also triggered a round of sales, with more forecast in the lead-up to the end of the financial year (04 May 2013) More...

Emerging markets driving retail development
Shopping centre development has increased by 15 per cent globally for two years running, with 32 million sqm of space currently under construction. CBRE says this emerging market trend can be attributed to a number of factors, including a growing middle class, urbanisation, and consumer demand for better quality retail (29 April 2013) More...

In the media – Victoria

A fairer way to fund Victoria's fire services
Treasurer Michael O'Brien announced further detail on how Victoria's fairer Fire Services Property Levy will apply to properties following the abolition of the insurance-based levy and the unfair 'tax on tax' arrangements (02 May 2013) More...

Coalition Government reforms PPP policy to support infrastructure growth
Treasurer Michael O'Brien announced significant reforms which will see the next phase of public private partnership (PPP) projects deliver high-quality infrastructure and services for Victorians (02 May 2013) More...

Boundary to protect farms
The Victorian Government has revealed the move as part of its plan to protect prime farmland being swamped by urban sprawl. This will also include a new statewide "agricultural production overlay" to protect farms from development (24 April 2013) More...

In the media – New South Wales

Western Sydney leads industrial charge
Western Sydney is leading the field in terms of industrial leasing activity, according to a new study by Savills Research. Approximately 1.28 million sqm of industrial space (greater than 500sqm) was leased in Sydney in the 12 months to March 2013 – nearly double that recorded in the previous year (29 April 2013) More...

In the media – Queensland

Big Savings Through Energy Efficiency Improvements
An independent review has found the Australian Government's Energy Efficiency Opportunities (EEO) program is saving participants millions of dollars in energy costs each year (03 May 2013) More...

Planners in Push for New Urban Deal
Funding a backlog of more than $500bn in infrastructure requirements for our cities is paramount to ensuring Australia meets emerging urban challenges and secures city liveability in the future, according the Planning Institute of Australia (PIA) with the launch of a plan calling for leadership and investment in infrastructure requirements that make cities work (02 May 2013) More...

Airport Investment Increasing Amenity & Capacity
A new report from the Australian Competition and Consumer Commission (ACCC) has found Australia's five largest airports were all rated as satisfactory for overall quality of service in the 2011/12 financial year. TTF Acting Chief Executive Trent Zimmerman said airports are continually investing in improvements (30 April 2013) More...

Unit demand to stabilise
The building industry will soon see greater demand for houses as apartment dwellers move into their "next life stage", according to new research from BIS Shrapnel (29 April 2013) More...

Less red tape and easier access to water bores a win for landholders
The Newman Government has made it easier for decommissioned petroleum and gas wells to be converted into water supply bores for use by landholders (03 May 2013) More...

SEQ bulk water prices highlight Government's fight against rising cost of living
The Newman Government has announced new bulk water prices for south east Queensland (SEQ) from 1 July 2013, with an increase of less than a dollar a week for average households using 200 kilolitres of water a year (03 May 2013) More...

The Sunshine Coast joins the ranks
Sunshine Coast Regional Council has joined an increasing number of local governments recognising the economic significance of the property industry through the implementation of investment incentive programs. SCRC's 'Build and Benefit' program offers up to a 50% reduction on Council infrastructure charges for targeted developments (02 May 2013) More...

Government to partner with industry for healthy Gladstone Harbour
The Newman Government has announced it is prepared to commit $4 million over the next two years towards the Gladstone Healthy Harbour Partnership providing industry matches its contribution (01 May 2013) More...

WWF wrong on vegetation reforms
The Newman Government has rejected claims by the World Wildlife Fund (WWF) that common sense changes to Queensland's vegetation management laws will damage the environment, stating proposed changes maintained critical protection measures for vegetation adjacent to watercourses in Great Barrier Reef catchments (30 April 2013) More...

Costco development approved
The Newman Government has decided to approve the proposed multi-million dollar Costco development at North Lakes. The application was previously approved by the Moreton Bay Regional Council, but was appealed by objectors in the Planning and Environment Court (29 April 2013) More...

Mayor announces plan to rebuild Brisbane's Riverwalk
Brisbane's council has announced the successful tender for the contract to rebuild the city's Riverwalk, with John Holland Construction Group given the task of replacing the 850 metre structure (26 April 2013) More...

Daisho Group $300 million office tower development launch, 180 Brisbane
The tower at 180 Ann St is the first commercial high-rise to be built speculatively in Brisbane since the start of the global financial crisis and is scheduled for completion in the middle of 2015 (25 April 2013) More...

Landholders and Farmers support to protect the Great Barrier Reef
Landholders and farmers will be given assistance to reduce the run-off of damaging chemicals into the Great Barrier Reef, under a $200 million extension to the Reef Rescue program. Reef Rescue is a partnership between Government, farmers, indigenous owners and other land managers along the Queensland coast (24 April 2013) More...

Property development struggle hurting Queensland
Property development in Queensland has been "bumping along the bottom" and isn't likely to see any meteoric rises until job security improves and affordability issues are addressed, the The Urban Development Institute of Australia says (21 April 2013) More...

In practice and courts – Queensland

Consultation on the draft new City Plan
Consultation is currently open and Brisbane City Council will be holding various events across Brisbane during the consultation period to provide industry with an opportunity to have their say. All the details on the plan can be found here. The draft new City Plan ePlan and mapping is currently being updated in preparation for formal submissions (to be updated 06 May 2013)

Cases – Victoria

Lockwood v PSP Investments Pty Ltd [2013] VSC 10
SALE OF LAND – Amendment of plan of subdivision – Whether amendment of subdivision materially affected the lot – Whether purchaser entitled to rescind the contract – Whether purchaser entitled to repayment of deposit from vendor – Sale of Land Act 1962 (Vic) ss 9AC, 9AF. STATUTES – Interpretation – Sale of Land Act 1962 (Vic) s 9AC More...

Market Ring Write Services Pty Ltd v Dudson (Retail Tenancies) [2013] VCAT 546
Termination of retail premises lease for non-payment of rent, whether s 146 Property Law Act 1958 (Vic) applies; exercise of right of re-entry by changing locks; whether subsequent agreement allowing tenant to stay for one month a lease or licence; claim for reimbursement of outgoings paid; interest payable on security deposit; whether landlord took reasonable steps to mitigate his loss; whether daily fee for overdue rent a penalty; consideration of landlord's claim for legal costs of preparing new lease; whether landlord 'waived' right of reinstatement of premises; ss 24, 46, 47 and 51 Retail Leases Act 2003 (Vic) More...

Pettiona v Whitbourne [2013] VSC 205
CONTRACT – Sale of land – Vendor and purchaser – Failure by purchaser to complete contract – Vendor's damages – Mallet v Jones [1959] VicRp 21; [1959] VR 122 considered and distinguished. EVIDENCE – Expert opinion – Role of expert witness – Expert Witness Code of Conduct – Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 44.03 More...

Cases – Queensland

Victoria Louise Black t/as Noir furniture v Victina International Projects Pty Ltd [2013] QCAT 116
RETAIL SHOP LEASE – where lease validly terminated after disclosure statement given under 7 days before possession given – where lessor demanded payment of guarantee after valid termination of lease – where lessor did not return guarantee money or unused rent – where lessor aware of basis of termination soon after event – where interest and costs awarded to tenant. Ralacom v Paradise Island Apartments (No. 2) [2012] QCAT 334, followed 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.