Most Read Contributor in Australia, September 2016
In the media – National
2014 Offshore Petroleum Exploration Acreage Release
The Australian Government announces the 2014 Offshore Petroleum
Exploration Acreage Release, comprising 30 areas across four basins
in Commonwealth waters off the Northern Territory, the Territory of
Ashmore and Cartier Islands, and Western Australia (08 April 2014).
In the media – Victoria
Coalition Government to better protect building
The Victorian Coalition Government announces it will introduce a
Domestic Building Consumer Protection Fund to better protect
Victorian domestic building consumers (07 April 2014).
In the media – Queensland
Red tape reduction in Queensland
Legislative reforms to streamline the development application and
assessment process for construction projects will save industry
$135 million over 10 years, and cut red tape for plumbers doing
ordinary household kitchen and bathroom work (07 April 2014).
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released
Explore the soils and landscapes of NSW online with
eSPAD is a Google Maps-based information system that allows easy,
no-cost, map-based access to a wealth of soil and land information
from across NSW (07 April 2014).
Reminder: Compulsory individual water meters in new
Sydney Water advises that compulsory requirements for individual
water metering of units in new multi-level buildings are to start
on Monday 1 September 2014.
Crown Lands Management Review report: white paper, April
A White Paper detailing the proposed legislative amendments has
been released for public comment, providing stakeholders and
members of the wider community with the opportunity to comment on
the proposed legislation before the Government proceeds.
Submissions close on 20 June 2014. More...
In practice and courts – Queensland
Announcements, Draft Policies and Plans released
Declaration of a prescribed project: Gold Coast
International Marine Precinct
The Minister for State Development, Infrastructure and Planning,
declared the Gold Coast International Marine Precinct (GCIMP)
project to be a prescribed project pursuant to section 76E of the
State Development and Public Works Organisation Act 1971,
on 02 April 2014.
Proposed Development Scheme: Southport Priority
Under the provisions of section 59 of the Economic Development
Act 2012, the Council of the City of Gold Coast gives notice
that on 7 April 2014 public notification of the Proposed
Development Scheme for the Southport Priority Development Area
(PDA) commences. Submissions on the Proposed Development Scheme
close on 22 May 2014 (the submission period).
[Draft] Logan Planning Scheme 2014:
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
Wong v McConville & Ors  VSC
REAL PROPERTY — Restrictive covenant — Application for
modification — Applicable legal principles — Covenant
restricting, amongst other things, the erection of more than one
dwelling on the land — Whether modification will not
substantially injure the persons entitled to the benefit —
Application granted — Property Law Act 1958, s 84(1)(c). More...
Southage Pty Ltd v Vescovi & Ors  VSC
RESTITUTION - Money paid under mistake of fact - Unjust enrichment
– Where defendant's signature was forged on loan
documentation – Where money lender lent money mistakenly
believing defendant had requested a loan and had given a mortgage
security - Loan funds used by defendant's husband to pay
deposit under contract of sale for other land – Proper
identification of moment of enrichment – Whether enrichment
received by virtue of defendant's subsequent nomination as
purchaser under the contract - Principles of tracing - Whether
proceeds of loan could be traced into estate in land - Tracing into
a mixed fund at common law - Whether assessment of enrichment by
acquiring estate interest in land must take into account
liabilities incurred in consequence - Whether enrichment by virtue
of occupation of property - Defence of change of position on the
faith of the receipt – Whether knowledge of facts entitling
defendant to deal with property must be derived from payer -
Significance of non-retention of benefit - Unjust to require
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Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
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