Australia: Property & Projects - What's News - 2 September 2013

Last Updated: 5 September 2013

In the media – National

Overwhelming business support for carbon price
A new AECOM report shows overwhelming business support for a price on carbon. The report, commissioned by Businesses for a Clean Economy, found that 88 per cent of the 180 businesses surveyed wanted a price on carbon to address climate change, with 65 per cent favouring an emissions trading scheme, and 29 per cent favouring a fixed price (19 August 2013). More...

Westpac–BREE joint publication outlines Chinese developments
The Bureau of Resources and Energy Economics (BREE) and Westpac Institutional Bank (Westpac) launched the inaugural Westpac–BREE China Resources Quarterly 2013. This is intended to become the primary reference point for decision makers seeking to understand developments in the Chinese economy, with special reference to the resources and energy sectors (15 August 2013). More...

Savill: big shopping centre deals back on the table
Savills latest research highlights that shopping centre transactions across the country hit $5.3 billion in the 12 months to June 2013, up from $3.9 billion the previous year (12 August 2013). More...

In the media – Victoria

Planning for a 21st century Melbourne CBD
Central Melbourne's future as a hub for urban renewal, jobs and greater liveability will be further enhanced following Minister for Planning Matthew Guy's approval of the City of Melbourne's new Municipal Strategic Statement (MSS) (16 August 2013). More...

Green Wedges to thrive from Planning Zone Reform
The Minister for Planning announces the final step in Victoria's Zone Reform package which includes changes to the two Green Wedge Zones aimed at strengthening their agricultural credentials. These reformed Green Wedge Zones will be released as part of the Rural Zone reforms and will be gazetted on 5 September 2013 (14 August 2013). More...

In the media – New South Wales

Housing construction at a ten year high: new homes up 35% on last year
The number of new homes being built in Sydney has jumped by more than a third in a year hitting a ten year high, indicating the NSW Government's policies to boost the housing sector are working, according to the NSW Premier (24 August 2013). More...

In the media – Queensland

Green light for new building industry regulator
The Housing and Public Works Minister said that the Commission will replace the Queensland Building Services Authority (BSA) and will be responsible for licensing, dispute resolution and the Home Warranty Scheme, with internal divisions firewalled from each other to prevent any conflict of interest. (23 August 2013). More...

Ports back to pre-GFC coal volumes
Queensland's coal passing through the major ports has returned to pre-GFC and pre-flood production in a further sign of a strengthening economy. The 16.257 million tonnes (Mt) of coal that moved through Queensland ports last month was the highest July total ever recorded (22 August 2013). More...

National Parks group worried about Qld Government's 'make money' ecotourism policy
The National Parks Association of Queensland (NPAQ) says it is outraged the State Government openly admits it wants to "make money" from opening up national parks for eco-resorts (20 August 2013). More...

Grazing stations under receivers in Queensland
Receivers have been appointed to three major cattle stations owned by grazing company Dunrossie in central west Queensland after mortgage payments were not met (19 August 2013). More...

State review to modernise Queensland Property Law
The Newman Government is partnering with the Queensland University of Technology to review the State's property law to ensure a more streamlined and common sense approach to how Queenslanders buy, sell and manage property (15 August 2013). More...

QPS crackdown on property offences
Police Minister Jack Dempsey has announced a Queensland Police Service (QPS) taskforce targeting property offences has laid more than 700 charges since being formed on 1 July 2013 (13 August 2013). More...

Published - articles, papers, reports – National

Coal and gas mining in Australia: opportunities for national law reform
The Australia Institute (TAI)
This report identifies existing Commonwealth law and policy relevant to the regulation of coal mining and unconventional gas exploration and production in Australia (21 August 2013). More...

In practice and courts – National

Release of the Pre-Election Economic and Fiscal Outlook (PEFO) release
Under the requirements of the Charter of Budget Honesty Act 1998, the Pre-Election Economic and Fiscal Outlook (PEFO) was released on 13 August 2013. The document is available on the Treasury website at and on the Department of Finance and Deregulation website at (13 August 2013). More...

In practice and courts – Queensland

QCA: Review of Minimum Service Standard and Guaranteed Service Level Arrangements to Apply in Queensland from 1 July 2015
The Authority has commenced its review with the release of a Discussion Paper setting out the key issues for consideration. The Authority invites stakeholder submissions on its Discussion Paper. The closing date for submissions is y 27 September 2013 (22 August 2013). More...

Reminder: Queensland Plan submissions close 30 August
Queenslanders only have two more weeks to contribute to The Queensland Plan and join more than 33,000 people who have provided their views to date on where they want their state to be in 30 years' time. Visit the Queensland Plan website at (16 August 2013). More...

Queensland Property Law Review 2013
The first two issue papers include seller disclosure requirements and body corporate lot entitlements will be released early in the New Year. More...

In practice and courts – Victoria

Reformed Rural Zones
The Minister for Planning has released the advisory committee report, government's response, fact sheet and the final reformed rural zones. The new zones include the Farming Zone, Rural Living Zone, Rural Activities Zone, two Green Wedge Zones and the Rural Conservation Zone. The approved of these changes will be gazetted on 5 September 2013 (15 August 2013).

Cases – Victoria

Mashane Pty Ltd v Owners Corporation RN 328577 [2013] VSC 417
OWNERS CORPORATIONS – Appeal from Victorian Civil and Administrative Tribunal on question of law – Whether process for levying fees for works with differential benefits to lot owners acceptable – Whether maintenance fund can be used for works not strictly in accordance with maintenance plan – Leave to appeal allowed – Appeal dismissed – Owners Corporations Act 2006 ss 23, 24, 28, 41, 43, 44 and 49. More...

Cossari Smith Pty Ltd v P-Value Pty Ltd and Ors [2013] VSC 397
Contract – Sale of business – Whether ownership of fixtures, fittings and equipment passed to purchaser of freehold – Whether plaintiff had claim for unjust enrichment or restitution – Whether plaintiff had concluded agreement with first defendant that the first defendant would make any future lease to a tenant conditional upon that tenant purchasing fixtures, fittings and equipment from plaintiff. More...

Lend Lease Development Pty Ltd v Commissioner of State Revenue [2013] VSCA 207
STAMP DUTY – Assessment – Dutiable value of dutiable property – Consideration for the dutiable transaction – Transfer of seven parcels of land – Nexus required between consideration and the dutiable transaction – Money or value passing which 'moves the transfer'– Archibald Howie Pty Ltd v Commissioner of Stamp Duties (NSW) [1948] HCA 28; (1948) 77 CLR 143 – Assessment calculated on the basis that consideration included contribution payments, under a development agreement, for external infrastructure, integrated public art, Grand Plaza and other matters not on land transferred – Bambro (No 2) Pty Ltd v Commissioner of Stamp Duties (1963) 63 SR (NSW) 522, Chief Commissioner of State Revenue v Dick Smith Electronics Holdings Pty Ltd (2005) 221 CLR 496 – Duties Act 2000 (Vic), s 11, 20(1), s 21(1), 25(1) – Appeals allowed. STAMP DUTY – Application to expand case beyond grounds of disallowance – Taxation Administration Act 1997 (Vic), s 109 – 'Encumbrance' – Duties Act 2000 (Vic), s 21(1). More...

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