Australia: Property & Projects – What's News - 30 October 2013

Last Updated: 2 November 2013
Most Read Contributor in Australia, September 2016

In the media – National

Online auction for multi-million dollar property A real estate group will launch its first online auction at the end of this month, in the hope of offering their buyers a more convenient buying experience when entering the market (15 October 2013). More...

Neighbourhood centres in demand
Some of Australia's most powerful retail landlords are looking to invest significant amounts of money in 'low-risk' neighbourhood shopping centres that are anchored by supermarkets, according to CBRE (14 October 2013). More...

Bushfires 'a glimpse' into new climate age says ACC
The Australian Climate Council said that the early start to the bushfire season is an example of the types of extreme weather events that are likely to increase in severity and frequency due to climate change. As the length of fire seasons continue, the opportunity for fuel reduction burning is reduced (20 October 2013). More...

Government introduces legislation to repeal the carbon tax
The Government has released the carbon tax repeal bills for public consideration. The Government's first item of parliamentary business will be the legislation to abolish the carbon tax. The repeal bills will remove the carbon tax, end the carbon tax on fuels used in shipping, rail and air transport and on synthetic greenhouse gases (15 October 2013). More...

Online auction for multi-million dollar property
A real estate group will launch its first online auction at the end of this month, in the hope of offering their buyers a more convenient buying experience when entering the market (15 October 2013). More...

Neighbourhood centres in demand
Some of Australia's most powerful retail landlords are looking to invest significant amounts of money in 'low-risk' neighbourhood shopping centres that are anchored by supermarkets, according to CBRE (14 October 2013). More...

Farm Finance loan demand slows
Rural Finance has received almost 150 applications under the Federal Government's Farm Finance scheme. More than $8 million in loans have been granted to 21 successful applicants since the concessional loans scheme opened in July (10 October 2013). More...

China set for carbon pricing
As Australia moves to scrap its pioneering carbon-pricing scheme, China is expected to have seven pilot pricing systems in place no later than 2015, followed by a national scheme, according to a new survey from The Australian National University (10 October 2013). More...

In the media – Queensland

Queensland frees flood maps to ease premiums pressure
Flood affected councils and residents in Queensland are hoping that a landmark deal brokered by the Newman Government to give insurers access to free flood map data will place heavy downward pressure on premiums that skyrocketed after successive floods (17 October 2013). More...

OSR: successful transfer duty prosecution
A defendant pleaded guilty to three charges brought by the Queensland Commissioner of State Revenue in the Southport Magistrates Court, and fined a total of $3000. The transfers were stamped and then lodged for registration with the Land Titles Registry without any duty being paid. Duty on the transfers was about $800,000 (17 October 2013). More...

State Government launches Queensland Airports Strategy
The Government has released a new Economic Directions statement, Economic Directions Statement – Queensland Airports 2013-2023, to drive airport expansion and employment across Queensland. The statement aims to build on 40 of the state's leading airports which have strategic significance for economic growth (16 October 2013). More...

PICC to maximise infrastructure life and spend
The Queensland Government will boost the role of the Property and Infrastructure Cabinet Committee (PICC) to make the infrastructure decisions that will drive the State's economic growth. The Committee will now also be charged by the Premier to reform how the State's infrastructure is prioritised and delivered (16 October 2013). More...

Proposals for Integrated development of CBD government precinct
The Government will seek proposals for an integrated development through an Expression of Interest process for the redevelopment of the government precinct in Brisbane's CBD. The redevelopment could provide new six star hotels, retail, restaurant and entertainment zones, theatre and convention facilities, including a casino licence (14 October 2013). More...

Brisbane Airport Corporation announces start of Parallel Runway
The Brisbane Airport Corporation has announced that work on the new Parallel Runway is due to begin within weeks. During the peak construction phase of the project, the runway is expected to generate almost 2,700 jobs, not to mention 7,800 brand new permanent jobs by 2035 (10 October 2013). More...

Government considers Sunshine Plaza call-in
Deputy Premier and Minister for State Development, Infrastructure and Planning is considering "calling in" the development application for a proposed extension of Sunshine Plaza in Maroochydore. The Sunshine Coast Regional Council approved an application by Lend Lease for a 37,000m2 extension to Sunshine Plaza on 30 July 2013 (08 October 2013). More...

Published – articles, papers, reports - Victoria

Plan Melbourne: metropolitan planning strategy
Author: Victorian Department of Planning and Community Development (DPCD)
Addressing Melbourne's infrastructure, housing, employment and environmental challenges with an integrated approach to planning and development that includes land use, transport, and social and community infrastructure, Plan Melbourne is the Victorian Government's vision for the city to 2050 (09 October 20913). More...

In practice and courts – National

The Happiness Guide: Chapter 4 – Getting the pre-nups right
Introducing Chapter 4 of The Tenants and Landlords Guide to Happiness, a guide to best practice and green leasing by the Fifth Estate. Lynne Blundell, principal author for this book, has trawled the legalese and sought advice from the pioneers of green and best practice leasing to provide a wonderful and simple guide (10 October 2013). More...

Reminder: The Draft Brisbane City Centre Master Plan 2013
This will achieve the vision of being an 'open city' through a coordinated framework of five strategies and the delivery of transformative projects and initiatives. These projects and initiatives have been grouped together into the 10 city-making moves. Submission close for the draft master plan on 25 October 2013. More...

In practice and courts – Victoria

New Planning Schemes Online Launched
A new Planning Schemes Online website was launched on 11 October. The new site provides updated features and functionality such as content filtering, search of updates and amendments and RSS feeds. It incorporates the Victoria Planning Provisions and summarises planning scheme amendments (17 October 2013). More...

Cases – Victoria

ZX Group Pty Ltd v LPD Corporation Pty Ltd [2013] VSC 542
VENDOR AND PURCHASER – Contract for sale of land – Prior sale – Pre-contractual and contractual warranties that land not previously sold – Breach of warranty – Previous sale – Whether warranty essential term – Whether serious breach of intermediate term –Purported termination by purchaser under contractual default provisions – Breaches of s 32 Sale of Land Act 1962 – Purported rescission under s 32(5) Sale of Land Act 1962 – Rescission denied under s 32(7) Sale of Land Act 1962 – Fraudulent misrepresentation – Whether rescission for fraudulent misrepresentation – Whether contract affirmed – Service of notice to complete by vendor - Rescission notice – Repudiation by purchaser – Election by vendor – Alleged rescission on alternative ground – Misleading or deceptive conduct under s 52, s 53A Trade Practices Act 1974 (Cth) – Damages under s 82 Trade Practices Act 1974 (Cth) – Rescission and order for repayment of deposit under s 87 Trade Practices Act 1974 (Cth). More...

Trewarne Antique & Fine Jewellery Pty Ltd v Perpetual Limited (Retail Tenancies) [2013] VCAT 1743
Letter of offer – acceptance invited – agreement stated to be subject to approval of Landlords – limited time for communication of approval specified – no notice of approval given within time – interpretation of letter - intention of the parties – letter expressed in terms of a concluded agreement – performance required by Tenant – offer accepted – terms performed by tenant – Landlords purporting to refuse approval after time expired – condition of approval not a condition precedent to the formation of a contract but a condition precedent to performance - agreement unconditional upon expiration of time for communication of approval. More...

Ierardi v Morrison (Retail Tenancies) [2013] VCAT 1742
Retail Lease – option for further term – whether exercised – whether tenant estopped from denying existence of further term or of new lease – overholding – increases in rental – how made and when effective – re-entry when no arrears unlawful. More...

Vouzas v Bleake House Pty Ltd [2013] VSC 534
TRADE PRACTICES – Misleading or deceptive conduct – Representations made by vendor and vendor's selling agent when selling land – Representations about long term lease to AAA tenant – Conduct comprising written and oral representations, and silence about agreement to sell lease – Importance of clear identification of conduct alleged to be misleading and deceptive – Conduct of defendants not misleading or deceptive or likely to mislead or deceive – No loss caused by conduct – s 52 Trade Practices Act 1974 (Cth). SALE OF LAND – Whether a conditional transfer of lease is required to be disclosed under s 32(2)(b) of the Sale of Land Act 1962 (Vic) – Disclosure not required by Act – Defence under s 32(7) made out in the alternative. CONTRACT – Counterclaim for damages caused by breach of contract of sale of land – Whether damages to be measured at time of breach or at a later time – Johnson v Perez [1988] HCA 64; (1988) 166 CLR 351; Wroth v Tyler [1974] Ch 30. More...

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