In the media – National
JLL report: Retail sector needs
stimulation
Further stimulation to build consumer confidence is needed in the
retail sector as consumer sentiment drops yet again, according to
Jones Lang LaSalle's (JLL) Retail Centre Managers' Survey
for May (07 June 2013)
More...
Telstra considering plan to remove asbestos from all
pits amid NBN scare
Telstra is considering a long-term plan to completely remove
asbestos from all its pits, amid concerns members of the public may
have been exposed to the deadly fibres (06 June 2013)
More...
Green Star building benefits proven in new
report
Green Star buildings are slashing greenhouse gas emissions, making
significant savings on energy and water consumption and costs, and
preventing truckloads of waste to landfill, a report has found (05
June 2013) More...
In the media – Victoria
Red tape cut to pave way for major
projects
Premier Denis Napthine announces red tape will be cut and approval
processes streamlined to ensure major projects in Victoria are
delivered as efficiently as possible. The Major Transport
Projects Facilitation Amendment Bill (East West Link and other
projects) 2013 will reduce project delays and costs by
providing a more streamlined approval process (11 June 2013)
More...
School sites rezoned to aid sale of surplus
land
Private schools and developers will be encouraged to buy dozens of
old state school sites under a Napthine Government plan to
fast-track the sale of surplus public land. Depending on the area,
former school land will be rezoned to allow for uses such as
housing, community facilities, childcare centres, medical clinics
and shops (06 June 2013)
More...
Guy locks in CBD heritage protection
The Minister for Planning Matthew Guy has paved the way to protect
some of Melbourne's most significantly historic buildings,
approving heritage overlay controls over 87 buildings, under the
Planning Scheme Amendment C186 (05 June 2013)
More...
Court quashes regulator ban on short-stay
leases
The Supreme Court has overturned a decision by the building
industry regulator that banned short-term tenants from occupying
apartments in residential buildings. The regulator's decision
banning short-stay occupants, such as holidaymakers, schoolies or
hen and bucks nights, had been welcomed by aggrieved apartment
residents (01 June 2013)
More...
In the media – New South Wales
NSW Government delivers billions in
projects
The NSW Government's plan to clear the backlog of hundreds of
state significant and major projects has delivered a massive $9.2
billion in approved projects this financial year. The Department of
Planning advises it intends to deal with the remaining 29
transitional Part 3A projects expeditiously (13 June 2013)
More...
In the media – Queensland
Court dismisses development appeal at Rainbow Shores on
Qld's Cooloola Coast
The Planning and Environment Court has quashed plans for a
controversial beachfront development at Rainbow Beach on
Queensland's Cooloola Coast. The court Judge has dismissed
the appeal, ruling the development would have unacceptable
impacts on flora and fauna and would conflict with local planning
schemes (13 June 2013)
More...
Savimaki family wins extra $1.9m in Sunshine Coast
council land compo case
A family on Queensland's Sunshine Coast has been awarded an
extra $1.9 million in compensation for land resumed for the
expansion of the region's airport after a lengthy court battle.
The
Land Court has ruled compensation be increased to $6.8 million,
plus interest. (13 June 2013)
More...
Developer says Pumicestone Passage safe from Caloundra
South development
Developer Stockland says conditions imposed by the Federal
Government on the Caloundra South development will ensure the
protection of Pumicestone Passage throughout construction (12 June
2013)
More...
Brisbane council budget unveils rate rises for business,
residents
The Brisbane City Council (BCC) has delivered a budget with a slim
surplus but rates increases for households and businesses. It is
Queensland's biggest local council budget, worth $2.9 billion
(12 June 2013)
More...
New laws need to deliver planning reform
Fundamental reform of the state's planning system to boost
Queensland's property and construction sectors will require a
once-in-a-generation overhaul of planning laws. The purpose of the
new legislation will be to enable development (12 June 2013)
More...
Gold Coast real estate company and director fined $35
000
A Gold Coast real estate company and its director were fined $20
000 and $15 000 respectively in the Southport Magistrates Court for
making unauthorised withdrawals from a trust account (12 June 2013)
More...
Green fears aired over massive Stockland housing project
at Caloundra South
The Sunshine Coast Environment Council (SCEC) says it has concerns
about federal approval of Australia's biggest master-planned
community at Caloundra South in south-east Queensland (11 June
2013)
More...
Published – articles, papers, reports
The Value of Green Star: A decade of environmental
benefits
Author: Green Building Council of Australia (GBCA)
Analyses data from 428 Green Star-certified buildings and fitouts
and compares it to the 'average' Australian building and
minimum practice benchmarks (03 June 2013)
More...
In practice and courts – Queensland
Queensland's Water future paper
feedback
According to community feedback on the Queensland Government's
30 Year Water Strategy discussion paper, professional recognition,
empowering customers, pricing and hardship concessions and
improving energy and water efficiency were also issues raised. The
draft 30 Year Water Strategy is now being finalised for further
engagement and consultation in the coming months, prior to a final
strategy being released in early 2014 (11 June 2013)
More...
Reminder: consultation on Retail Shop Leases
Act
A discussion paper outlines options put forward by the retail
sector during consultation. The closing date for submissions is 3
July 2013
More...
Cases – Victoria
Pollard v Registrar of Titles [2013] VSC
286
REAL PROPERTY - Restrictive covenant - Single dwelling and masonry
building materials covenant - Enforceability - No words of
annexation to land - No reference to identity of benefitted land -
No extrinsic evidence of identification - Construction of words
used - Covenant for personal benefit only - Covenant unenforceable
- Statutory declaration appropriate - Property Law Act 1958 (Vic),
s 84(2) More...
Suhr & Ors v Michelmore & Ors [2013] VSC
284
RESTRICTIVE COVENANT – Height restriction –
Application to declare invalid, discharge or modify restrictive
covenant - Whether restrictive covenant is void for uncertainty
– Indefeasibility of title - Extent to which extrinsic
evidence is permissible to give effect to what the Register
identifies – Whether the level of the land today is the same
as the level of the land in 1937 - Whether restrictive covenant is
obsolete – Whether continued existence of the covenant
impedes the reasonable user of the land – Whether the
continued existence of the covenant secures a practical benefit to
other persons – Changes in the character of the land or
neighbourhood – Whether modification of the covenant will not
substantially injure those entitled to its benefit – Whether
the Court should exercise its discretion to deny relief –
Whether conduct of plaintiffs should disentitle them to relief -
Westfield Management Ltd v Perpetual Trustee Company Ltd [2007] HCA
45; (2007) 233 CLR 528 – Bursill Enterprises Pty Ltd v Berger
Brothers Trading Co Pty Ltd [1971] HCA 9; (1971) 124 CLR 73 -
Property Law Act 1958 (Vic) s 84(1) More...
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