Australia: Property & Projects – What's News - 10 March 2014

Last Updated: 15 March 2014
Most Read Contributor in Australia, September 2016

In the media – National

States agree to implement Murray-Darling Basin water reform
The Australian Government has completed an agreement which brings all jurisdictions together to implement the historic Murray-Darling Basin Plan for water reform. The Premiers of NSW and Queensland have this week signed the Intergovernmental Agreement (IGA) on Implementing Water Reform in the Murray-Darling Basin and an amended National Partnership Agreement (NPA) (27 February 2014). More...

Green Property Index: green buildings outperforming market
The latest Australia Green Property Index indicates that green office buildings continue to outperform the general market on investment return, net operating income, CAPEX, vacancy rates and weighted average lease expiry (20 February 2014). More...

In the media – Queensland

Kangaroo Point bridge step closer to being built
The highly anticipated cross river connection is one of six priority projects identified in Brisbane City Council's 20 year vision for CBD development, the City Centre Master Plan 2014, which is expected to be approved at Tuesday's council meeting (28 February 2014). More...

New regional council rules crack down on flood zones development
The Whitsunday Regional Council says a planning scheme to prevent development in flood-prone areas of Bowen will eventually become mandatory (21 February 2014). More...

State revenue Office successful home concession prosecution
A former real estate agent pleaded guilty to 4 charges brought by the Commissioner in the Brisbane Magistrates Court. The defendant was fined a total of $8,000, and costs were awarded against him for falsified information about the purchase and sale of the property, and claiming the transfer duty home concession (20 February 2014). More...

Published – articles, papers, reports - National

Foreign investment in Australian agriculture
Author: Kali Sanyal; Parliamentary Library
With growing public debate over the increased foreign ownership of farm land, this paper concludes that the overall impact on the economy has been positive (18 February 2014). More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released

Reformed Zones Standing Advisory Committee
The Reformed Zones Standing Advisory Committee has been established by the Minister for Planning (27 February 2014). More...

New guidelines fast track infrastructure in growth areas
The Growth Areas Infrastructure Contribution (GAIC) Works-in-Kind agreements will allow developers to contribute towards state infrastructure by providing land or capital works, instead of paying the Growth Areas Contribution (February 2014). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2013

Yeerongpilly TOD consultation released
The Department of State Development, Infrastructure and Planning has released the draft future plan for the former Animal Research Institute at Yeerongpilly for public consultation. The plan for the site consists of two separate parts: draft Detailed Plan of Development and draft Yeerongpilly TOD State Planning Regulatory Provision 2014 (SPRP). Consultation closes on 14 March 2014 (28 February 2014). More...

SEQ water and sewerage services code up for review
The review was an opportunity for water users in the south east to provide feedback on service standards, the level of information included on water bills and dispute resolution processes. The consultation period will run until 7 March 2014. A copy of the South East Queensland Customer Water and Wastewater Code and details on submissions are online. More...

Current consultations

Maroochydore City Centre Priority Development Areas: Consultation
Public consultation has opened on the development scheme for the Maroochydore City Centre Priority Development Area (PDA). The proposed development scheme is open for consultation until March 17 2014. More...

[Draft] Logan Planning Scheme 2014: consultation
In accordance with the changes in local government boundaries, the draft scheme replaces three existing planning schemes; the Beaudesert Shire Planning Scheme 2007, Gold Coast Planning Scheme 2003 and Logan Planning Scheme 2006. The planning scheme is open for comment until 30 April 2014. More...

Cases – Victoria

Birch v Robek & Anor [2014] VCC 68
Contract of Sale for property "off the plan" – substantial variation in size of property – whether plaintiff entitled to return of deposit pursuant to the rule in Flight v Booth [1834] EngR 1087; (1834) 131 ER 1160 – whether plaintiff alternatively entitled to return of deposit for misleading or deceptive conduct pursuant to the Competition and Consumer Act 2010 (Cth) sch 2 The Australian Consumer Law cl 4(1)(b), 18 and 30(1)(e). The plaintiff is entitled to the return of the deposit in the amount of $35,900. More...

Imbrogno v Boroondara CC [2014] VCAT 163
Removal of the existing restrictive covenant affecting the title of the subject land refused. Residential 1 Zone and no overlay controls. Clause 52.02 of the Planning Scheme. More...

Comaz (Aust) Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2014] VCAT 140
Review and Regulation List – Taxation – Duty on transfer – Method of valuation of "off the plan" sale – Agency – Falsification of documents – Whether or not agency exists – Appropriate penalty for not paying amount of duty due as a result of attempting to falsify documents – Imposition of penalty – Considerations in relation to penalty – Duties Act s.21(3), s.31(3) – Taxation Administration Act 1997 s.25, 28, 29, 30(2 and 3) and 35. More...

Serene Hotels Pty Ltd v Epping Hotels Pty Ltd (Retail Tenancies) [2014] VCAT 97
Retail Tenancy rent review. Current market rental determination by independent specialist valuer. Parties not bound by the valuer's rent determination because valuer failed to apply criteria per s37(2) Retail Leases Act 2003. More...

J & G Knowles & Associates Pty Ltd v Owners Corporation RP12247 (Owners Corporations) [2014] VCAT 98
Alteration of plan of subdivision – whether proposed resolution of members was for transfer of part of common property – resolution of members not unanimous – application for order consenting on behalf of non-consenting members – whether likely benefits to subdivision are greater than likely disadvantages to non-consenting members – order made subject to conditions – Subdivision Act 1988 ss 32, 34D – Victorian Civil and Administrative Tribunal Act 1998 s 130(1). Notice of special general meeting – requirement for giving of 14 clear days' notice of meeting – failure to give proper notice to the applicant not significant – respondents do not prove proper notice not given to other members – Owners Corporations Act 2006 ss 76(1), 158. Costs – successful applicant ordered to pay the respondents' costs – Victorian Civil and Administrative Tribunal Act 1998 s 109. More...

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