Property & Projects - What's News - 24 May 2013

By Steve Aitchison, Lisa Cody, Lou Farinotti, Chris Lovell, Helen Scott, Margot Sharpe, Richard Abbott, Neville Allen, Carolyn Chudleigh, Robina Kidd, Robert Moses, Mark Pezzano, Kelly Alcorn, Michael Byrom, Brian Healey and Chris Wille

In the media – National

JLL: Retail rents under pressure
Positive underlying trends in consumer spending are emerging, but retail rents continue to fall, according to Jones Lang LaSalle's (JLL) March quarter data (13 May 2013) More...

Regulation amendments to water market trading: Public consultation
The Federal Government have invited public comment on a draft amendment to the Corporations Regulations 2001. The proposed amendment allows for water rights commonly traded on Australian water markets to be regulated in the same manner as agricultural commodities (07 May 2013) More...

In the media – Victoria

Car parking levy increased and extended
The Victorian Government has dramatically increased and extended the levy on CBD car parking spaces. The changes comprise an increase in the levy and extend it to cover short term car parking. These reforms will be highly damaging to the property sector, especially in regard to valuation (14 May 2013) More...

New Commercial Zones
Planning Institute of Australia (Victorian Division) has reviewed the changes outlined by the Minister for Planning on Monday and released by the Department of Planning and Community Development today. The review of zones will change the fundamental building blocks of Victoria's planning system, with far-reaching effects (09 May 2013) More...

In the media – New South Wales

Communities will shape planning's future
NSW Government has launched a State-wide consultation blitz for the community, councils and industry to get involved in the State's new planning system. A deliberative forum will be held in Sydney and one in regional NSW with separate nominated public panels to give written advice on key issues (09 May 2013) Communities will shape planning's future

In the media – Queensland

Landholders gain new opportunities in Carbon Market Following changes announced in the 2013/14 Budget, the Australian Government will now formally account for cropland management, grazing land management and revegetation in the national greenhouse gas inventory (15 May 2013) Landholders gain new opportunities in carbon market

Australia working to protect the international marine environment
Environment Minister Tony Burke said Australia has formally submitted a proposed amendment to the London Protocol for discussion at its meeting in October. The amendment seeks to put mandatory regulation in place around the practice of ocean fertilisation (16 May 2013) More...

Carbon price forecasts slashed
Forecasts for the flexible carbon price have been slashed from $29 to $12.10 because of the collapse of the price in the stricken EU's emissions trading scheme. The bigger than expected plunge in the carbon price from 2015-16, when Australia moves from a fixed carbon price to a flexible price under an emissions trading scheme (15 May 2013) More...

Federal Government dumps tax cuts linked to the carbon tax
The Government had promised to lift the tax-free threshold in 2015 when the carbon tax is due to switch to an emissions trading scheme but it is now citing the falling international carbon price as a reason not to deliver on this yet (08 May 2013) More...

Jail for property shyster
After previous run-ins with the Building Services Authority and ASIC, a Sunshine Coast property developer has now been jailed for 12 months for an offence under the Bankruptcy Act (17 May 2013) More...

Gold Coast Commonwealth Games opportunity to deliver a lasting legacy
The design and construction of the 2018 Commonwealth Games Village is Australia's opportunity to build on past triumphs and ensure a lasting legacy for the Gold Coast community, according to the Green Building Council of Australia (GBCA) (16 May 2013) More...

Proposed Priority Development Area for Redlands
Cleveland's Toondah Harbour is set to be transformed into an economic development hub with the declaration of a proposed priority development area (PDA), opening up a number of mixed use residential, tourism and retail opportunities (16 May 2013) More...

Newman government to pass laws for graziers to feed cattle in National Parks
The State Government will push legislation through Parliament next week giving drought-hit graziers access to 4400sq km - five existing parks and a further eight properties bought for the public estate (14 May 2013) More...

Westfield linked to Treasury Casino precinct redevelopment
Retail giant Westfield has been described as a "natural fit" for the Treasury Casino site, if a new gaming precinct is built in old government offices. Lord Mayor shows support behind the $1.3 billion proposal to turn the offices into a casino and entertainment precinct (14 May 2013) More...

Draft City Plan a powerful tool for Brisbane
The Planning Institute of Australia (PIA) has welcomed the long-awaited formal release of the draft new planning scheme for the City of Brisbane. Brisbane City is the largest Local Government Area in Australia and the draft new City Plan is arguably the most important and powerful planning scheme in the State. This plan will shape Brisbane for the next ten years. (06 May 2013) More...

Published – articles, papers, reports – Queensland

House Price Indexes: Eight Capital Cities, March 2013
Author: Australian Bureau of Statistics
Preliminary estimates show that the price index for established houses for the weighted average of the eight capital cities rose 0.1% in the March quarter 2013. The capital city indexes rose in Perth (+1.2%), Melbourne (+0.2%), Darwin (+1.9%) and Canberra (+0.2%) and fell in Brisbane (-0.3%), Adelaide (-0.1%) and Hobart (-0.3%). Sydney showed no movement for the quarter (07 May 2013) More...

Housing Finance, Australia, March 2013
Author: Australian Bureau of Statistics
The trend estimate for the total value of dwelling finance commitments excluding alterations and additions rose 1.2%. Investment housing commitments rose 1.4% and owner occupied housing commitments rose 1.1%. In seasonally adjusted terms, the total value of dwelling finance commitments excluding alterations and additions rose 4.5% (13 May 2013) More...

In practice and courts – Victoria

Snapshot - Victorian State Budget 2013/14
The Hon. Michael O'Brien MLA, Treasurer of Victoria, presented the Coalition Government's third budget on 7 May 2013. The following provides a summary of the main elements for the property industry (08 May 2013) More...

In practice and courts – New South Wales

GBCA: Green Star rating tool for public buildings
After a two-year pilot period and extensive industry consultation, the Green Building Council of Australia (GBCA) has released the Green Star – Public Building v1 rating tool. A Green Star – Public Building rating provides independent verification that what is being designed and constructed is an efficient, sustainable and future-proofed asset (14 May 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

Harofam Pty Ltd v Scherman [2013] VSCA 104
REAL PROPERTY – Sale of land – Contract – Interpretation – Time for Registration of Plan of Subdivision – Whether contract validly rescinded by purchasers – Construction – Whether Plan not registered on 'relevant date' – Period of time for extension – Whether date 'fixed' – Whether 'other period' specified – Solid Investments Aust Pty Ltd v Clifford [2010] VSCA 59; (2010) 27 VR 41, Harman Nominees Pty Ltd v Leighton Shores Pty Ltd [2012] WASCA 189 followed – Sale of Land Act 1962 (Vic) s 9AE(2) More...

Bella Barista Pty Ltd v Glenview Place Pty Ltd (Retail Tenancies) [2013] VCAT 649
LANDLORD AND TENANT – Term of lease – whether fixed term or periodic tenancy – Section 4(f) and s 5 of the Retail Leases Act 2003 – whether lease excluded from operation of the Retail Leases Act 2003 – Determination by Minister under the Victorian Government Gazette S184 dated 23 August 2004 - meaning of term of which (excluding options for renewal) is 15 years or longer – Whether term of lease contrary to s 94 of the Retail Leases Act 2003 More...

Williamson v Melbourne Water Corporation [2013] VCAT 673
Melbourne and Metropolitan Board of Works Act 1958 s 283; Water Act 1989 s 157; Land Acquisition and Compensation Act 1986 s 43; compensation claims against Melbourne Water arising from flow of water from its works; statutory basis for claims; whether MMBW Act claim statute barred or still available following repeal of Act; deemed statutory easement; basis for assessing compensation; reduced market value of land; whether severance or disturbance; loss based on existing conditions or future development potential; basis for Water Act claim; whether can be pursued alternatively as claim for injurious affection; practice and procedure of Tribunal More...

Lord Buddha Pty Ltd v Harpur [2013] VSCA 101
TRADE PRACTICES — Misleading and deceptive conduct in a land sale — Section 52 Trade Practices Act 1974 (Cth) — Whether purchaser misled — Reliance on representations — Purchaser gives unsatisfactory evidence of reliance — Principles in Gould v Vaggelas [1984] HCA 68; (1985) 157 CLR 215 considered and applied — Inference of reliance able to be drawn — Inference of reliance not precluded by the unsatisfactory direct evidence of the representee More...

Re Essendon Apartment Developments Pty Ltd (in liquidation) (No 2) [2013] VSC 210
PROPERTY – Removal of caveats – Relevant principles – Balance of convenience favourable to the removal of caveats More...

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