Australia: Property & Projects – What's News - 23 July 2013

Last Updated: 26 July 2013
Most Read Contributor in Australia, September 2016

In the media – National

Industry funds and accountants welcome infrastructure plan
Infrastructure Australia's National Infrastructure Plan has been welcomed by the Industry Super Network (ISN) and the Institute of Chartered Accountants (ICAA). The "50-year plan" recommends the establishment of a single national infrastructure fund (04 July 2013). More...

In the media – Victoria

Law changes alert property buyers to bushfire risks
Property buyers will be told upfront whether land is in a bushfire-prone area, when changes to Victorian property laws come into effect on 31 July 2013 (11 July 2013). More...

Southern hemisphere's tallest building shelved
Fender Katsalidis Architects, the consortium behind the landmark Australia 108 building earmarked for 70 Southbank Boulevard, has confirmed it is redesigning plans for the site after a ''hybrid of requirements'', from bodies such as VicRoads and the Civil Aviation Safety Authority, rendered the proposal ''impossible'' (06 July 2013). More...

Red tape blitz to cut planning times
One in six planning permits will be spared long delays under the Victorian Coalition Government's new red tape busting planning system, VicSmart. Councils will set straight forward rules and if an applicant meets those rules, then a permit will be issued within ten working days (05 July 2013). More...

There will be winners and losers in the move
Retailers in street shopping strips and apartment developers may be the big losers under far-reaching changes to Victoria's planning laws that take effect this week, planners and estate agents say. The changes delete nine existing zones, replace them with five new ones and alter 12 others and came into effect this week (03 July 2013). More...

Battles brewing over new zones
Planning Minister Matthew Guy began the rollout of new planning zones for all Victorian councils on Monday. Councils, residents and developers will have 12 months to fight it out over which streets will fall into the new ''neighbourhood'', ''general'' and ''growth'' zones, with differing impacts for property values and development potential in each (02 July 2013). More...

In the media – New South Wales

Parramatta leaps to the front with Green Star – Communities
The council is targeting 5 Star Green Star ratings for all buildings in Parramatta Square's development Parramatta City Council is the first local government in Australia to seek a Green Star – Communities rating (10 July 2013). More...

In the media – Queensland

Queensland dam owners urged to develop emergency action plans
Minister for Water Supply is encouraging referable dam owners to attend a training session to help them prepare an emergency action plan. Referable dams are those that have been assessed as posing a potential risk to two or more people if they were to fail (11 July 2013). More...

A plan to protect the Great Barrier Reef
The Australian and Queensland governments confirmed their commitment to protecting the Great Barrier Reef with today's release of the 2013 Reef Water Quality Protection Plan and the 2011 Great Barrier Reef Report Card (10 July 2013). More...

Shops seek rent cut compensation for centre works affecting business
Retailers are seeking rent relief from Westfield as compensation for loss of business following the start of a $400?million redevelopment at Garden City and the Distributive and Allied Employees' Association has SDA) has launched action that, if successful, would force employers to cover the cost of staff parking (10 July 2013). More...

Maroochydore proposed priority development area (PDA) announced
A proposed priority development area (PDA) has been announced in Maroochydore setting the scene for the site to become the regional business, community services and employment focus for the Sunshine Coast. EDQ and council will now prepare a development scheme for the area which will guide future development (09 July 2013). More...

Discussion paper on infrastructure charges reform
The State Government has released a discussion paper outlining options for the reform of the funding framework for local government infrastructure developed from feedback received from key local government and development industry representatives (03 July 2013). More...

In practice and courts – National

EDO: New handbook gives clear information on mining, coal seam gas and the law To help everyone understand the relevant laws, Environmental Defenders Office Qld has prepared A Guide To Mining and Coal Seam Gas Law in Queensland, a plain-English legal guide to mining and coal seam gas law in Queensland (05 July 2013). More...

In practice and courts – Victoria

Bushfire disclosure for property sales effective from 31 July 2013
Section 32 of the Sale of Land Act 1962 will be amended to require a seller to disclose if a property for sale is in a bushfire-prone area and and require a Bushfire Prone Area property report to be included with the Vendor Statement (09 July 2013). More...

In practice and courts – Queensland

Office of State Revenue: New Public Ruling for transfer duty
To implement the exemption for exploration and development expenditure occurring under a farm-in agreement, The Ruling publishes the terms of an administrative arrangement providing an exemption from transfer duty for certain transactions in the resources sector, subject to conditions, pending legislative amendment (01 July 2013). Public Ruling. More...

Cases – Victoria

Fitzroy Dental Pty Ltd v Metropole Management Pty Ltd & Anor [2013] VSC 344
LANDLORD AND TENANT – Whether retail premises lease – Provision of conference and function centre services by tenant of premises – Whether the services are retail services for the purposes of the Retail Leases Act 2003 – Whether the premises are "open to the public" – "Ultimate consumer" test applied with respect to services – Scope of retail leases legislation as remedial or ameliorating legislation – 536 Swanston Street Pty Ltd v Habrut Pty Ltd (1998) V ConvR 54-323 – Wellington v Norwich Union Life Insurance Society Limited [1991] VicRp 27; [1991] 1 VR 333 – FP Shine (Vic) Pty Ltd v Gothic Lodge Pty Ltd [1994] 1 VR 191 – Collector of Customs v Chemark Services Pty Ltd [1993] FCA 291; (1993) 42 FCR 585 – Hitech Pathology Pty Ltd v Bankberg Pty Ltd (1999) V ConvR 58-536 – Peppercorn Nominees Pty Ltd v Loizou (1997) V ConvR 54-560 – Retail Leases Act 2003 ss 3, 4(1), 81 and 89. More...

Thomson v Boseley (Retail Tenancies) [2013] VCAT 1079
Retail lease – Landlord's covenant to repair – obligation is to repair upon notice of want of repair - failure to maintain roof in watertight condition – evidence that roof did not leak for six years before the tenancy – finding that roof was water tight at time tenancy entered into – extent of repair required sufficient to ensure compliance with covenant and no further. More...

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