ARTICLE
27 August 2013

Property & Projects - What's News - 16 August 2013

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
News on property and projects from around Australia.
Australia Real Estate and Construction

In the media – National

Surplus Commonwealth Land should be used for Housing
Tens of thousands of new homes could potentially be accommodated on underutilised Commonwealth Government land across Australia's major cities, according to the UDIA, calling on the Government to undertake thorough, regular auditing of its land assets (30 July 2013). More...

Future of Government's Mineral Resource Rent Tax decided in High Court
Mr Forrest and his Fortescue Metals Group (FMG) had argued the tax discriminated between states and interfered with the rights of states to control their own mineral resources. The court unanimously rejected the challenge, saying the act does not give preference to one state over another, and ordered Mr Forrest to pay costs (07 August 2013). More...

Could Australia follow NZ on property damage definition
Insurers could end up paying more claims in the future after legal experts said it was possible that Australian law will adopt New Zealand's definition of property damage (07 August 2013). More...

UDIA: hidden Government charges destroying Australian home ownership
Exorbitant charges levied by governments on new housing are adding as much as $65,000 to the cost of a new home, worsening the housing affordability crisis and locking young families out of home ownership, according to the UDIA, calling for the establishment of an inter-governmental agreement to ensure that local infrastructure charges are benchmarked between jurisdictions (06 August 2013). More...

Colliers International: demand from global retailers ramps up
Retail landlords can prepare themselves for an influx of overseas retailers, with estimates indicating a potential increase of another 230 stores, totalling 220,000 sqm in major CBDs in the next five years (05 August 2013). More...

In the media – Victoria

Clubs aim high with city tower build plans
Freemasons Victoria is taking cues from another Melbourne society, the Celtic Club, to better profit from its blue-ribbon land holding. The Freemasons, with joint venture partner Mirvac, has sought permission from Planning Minister Matthew Guy to replace its parkside Dallas Brooks Hall site in East Melbourne with two towers of 17 and 11 levels (10 August 2013). More...

Lend Lease lands Docklands deal
The right to develop the last undeveloped site at Melbourne's Docklands precinct has been won by Lend Lease, which signed a deal with the Victorian government last week (05 August 2013). More...

Reformed planning zones to protect Glen Eira
Minister for Planning Matthew Guy announces that the City of Glen Eira will be the first municipality to implement the reformed Residential planning zones in Victoria providing a significant leap forward in clarity and protection for local residents (05 August 2013). More...

Bushfire regulation changes to reduce red tape
Thousands of homes across Victoria will have their bushfire risk status removed or updated following a statewide bushfire regulatory review, announced by the Planning Minister Matthew Guy (02 August 2013). More...

In the media – New South Wales

Shoalhaven biobanking secures conservation of wildlife haven
A major new biobank site in the Shoalhaven has been announced to help manage 66 hectares of ecologically rich bushland at the Narrawallee Inlet. Over the next two years, other public sites that form green corridors across the Sydney bio-region will be eligible for nearly $10 million in NSW Environment Trust biobanking agreements (29 July 2013). More...

In the media – Queensland

Information sessions for Parklands development scheme proposal
Gold Coast residents have heard details about the Parklands Priority Development Area (PDA) which outlines the location of future development and provides for the delivery of the Gold Coast 2018 Commonwealth Games Athlete's Village, at the first community information session in August (06 August 2013). More...

State land transferred to Townsville Council
Surplus state-owned land in Townsville will be transferred to Council. The contract executed represents a deal that allows for the land to transfer at a reasonable price, and allows the council 90 days to undertake a full due diligence and make a final decision on the role it will play in this urban renewal opportunity (05 August 2013). More...

Published - articles, papers, reports – National

House Price Indexes: Eight Capital Cities, Jun 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 2.4% in the June quarter 2013. The capital city indexes rose in Sydney (+2.7%), Melbourne (+2.4%), Perth (+3.4%), Brisbane (+1.9%), Canberra (+1.0%), Adelaide (+0.3%) and Darwin (+2.9%) and fell in Hobart (-1.0%) (06 August 2013). More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released

FSPL reminder for landlords
Landlords are reminded to check their standard leases carefully to ensure that the FSPL is recoverable from tenants. In addition, where the Retail Leases Act (2003) (Vic) applies, landlords: should now be using the new form of disclosure statement under the Retail Leases Regulations 2013 which provides for a separate head for the FSPL which must be completed (31 July 2013). More...

Cases – Victoria

Singh v Adventure Tourism Pty Ltd (Retail Tenancies) [2013] VCAT 1312
Wrongful eviction – assessment of damages – loss of business assets – loss of profits – Tenant's financial records taken by Landlord – presumption presume that assets have the highest value that their description warrants - Armory v Delamirie [1722] EWHC KB J94; (1722) 93 ER 664 – mitigation – no application for interim relief by Tenant – whether Tenant acted reasonably – relevance of Tenant's ignorance of his rights and lack of means to assert them. Order that the Respondent to pay to the Applicant $151,721.77. More...

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