Australia: Property & Projects – What's News – 3 June 2014

Last Updated: 5 June 2014

In the media – National

Green Star credits released for industry comment by GBCA
The Green Building Council of Australia (GBCA) has released the draft credits for the new Green Star – Design & AS Built rating tool and is calling on every part of the industry and community to provide feedback, closing on 31 May 2014. More...

Final stage reached on federal environmental approvals
The Commonwealth Government achieved several important milestones in its plans to remove duplication between the Commonwealth and the states on environmental approvals, with the introduction of the EPBC Bills into Parliament along with the release of draft bilateral agreements with Queensland and NSW (14 May 2014). More... More...

Water Act to undergo independent review
The Water Act is to be reviewed as part of the Government red and green tape reduction agenda and to ensure the Act is meeting its objectives, in addition to the mandatory terms of reference required under the Act (12 May 2014). More...

In the media – Victoria

Coalition Government reduces fire levy rates
The Victorian Coalition Government will reduce the Fire Services Property Levy rates in 2014-15 for all property owners, the Treasurer Michael O'Brien and Deputy Premier Peter Ryan announced today (21 May 2014). More...

Plan Melbourne drives jobs, transport, investment
Melbourne is set to become a powerhouse of jobs, investment and greater opportunity with the release of the Victorian Coalition Government's new city shaping strategy to 2050, Plan Melbourne, Premier Denis Napthine announced today (19 May 2014). More...

In the media – New South Wales

Call for public input into draft property regulations
The Minister for Fair Trading announces a four-week public consultation period for proposed changes to the Property, Stock and Business Agents Regulation. Most people choose to use the services of an agent for property transactions and there are approximately 24,000 property agents, 18,000 certificate holders and 6,000 corporations, licensed in NSW (19 May 2014). More...

In the media – Queensland

Queensland's heritage protected with review
The future of the State's heritage places will be canvassed in a discussion paper for Queenslanders to have comment on, was released this week. The Queensland Heritage Act 1992 (Heritage Act) was being reviewed to ensure the locations and buildings were managed in a responsive and innovative manner (23 May 2014). More...

New tool to boost agriculture production
Farmers and agri-business investors can now take advantage of a new online tool to help them identify opportunities to expand agricultural production (23 May 2014). More...

Queensland Government defines rail corridor policy
Following the release of a clear Queensland Government policy on Galilee Basin rail corridors, the Deputy Premier announced its policy that only two rail corridors were necessary out of the Galilee Basin (21 May 2014). More...

Levee bank regulatory framework introduced for Queensland
Queensland landholders and local communities will benefit from a clear and transparent process for the construction and modification of levee banks, following the introduction of a state-wide regulatory framework effective this week (16 May 2014). More...

Published – articles, papers, reports – National

Addressing the high cost of home and strata title insurance in North Queensland
Treasury Discussion Paper
The Minister for Finance and Acting Assistant Treasurer, Senator the Hon Mathias Cormann, has released for public consultation a discussion paper canvassing policy options to address the high cost of home and strata title insurance in North Queensland (09 May 2014). More...

In practice and courts – Victoria

State taxation legislation update
The State Taxation Legislation Amendment Act 2014 (the Amending Act) received Royal Assent on 13 May 2014 and introduces changes to the Congestion Levy Act 2005 and Fire Services Property Levy Act 2012. The SRO's new general information bulletin, Changes to State Taxes - May 2014, explains the changes made by the Amending Act (14 May 2014).

In practice and courts – New South Wales

Announcements, Draft Policies and Plans released 2014

NSW Office of State Revenue: State Revenue Legislation Amendment Act 2014
The Act received assent on 21 May 2014 and makes amendments to the Duties Act 1997, the Land Tax Management Act 1956 and the Taxation Administration Act 1996 (23 May 2014). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2014

Queensland Heritage Act 1992 (Heritage Act): Public comment
Have your say on the proposed changes by visiting or Submissions close on Wednesday 18 June 2014 (23 May 2014).

Land Title Act changes for high density development
Parliament passed the Land and Other Legislation Amendment Bill 2014, covering a number of amendments to various pieces of legislation. A key change to the Land Title Act 1994 includes broadening the application of high density development easements, which were introduced last year in response to requests from the industry. The amendments clarify that easements- created where buildings with a shared wall have been constructed on adjoining lots- can be created before buildings are constructed (21 May 2014). More...

Sunshine Coast Planning Scheme
Sunshine Coast Council has launched their new planning scheme, which l commences on 21 May 2014. Taking in the former Caloundra City Plan 2004 and Maroochy Plan 2000, the Sunshine Coast Planning Scheme 2014 provides a single plan for the region. Council has also this week launched a new five-year Corporate Plan (21 May 2014). More...

Draft amendments to the State Planning Policy (SPP): public comment
The department has prepared a draft schedule of mapping amendments for public consultation. For more information refer to the SPP Interactive Mapping System fact sheet The Public are invited to have your say on the amendments, with submissions closing on 30 May 2014.

Erosion prone mapping
New erosion prone areas for the Queensland coast, based on present-day sea levels, commenced on 7 May, 2014. Local governments will be able to choose the most appropriate projection for their local area and plan for the coastal environment and natural hazards in a locally appropriate way. More...

Cases – Victoria

Boz One Pty Ltd & Anor v McLellan & Ors [2014] VSC 208
REAL PROPERTY - Mortgages – Mortgagee's duty – Whether all reasonable steps taken to obtain market value – Duty and breach under s 420A Corporations Act 2001 (Cth) – Whether appropriate remedy damages or taking of accounts. More...

Petrovic v Brett Grimley Sales Pty Ltd [2014] VSCA 99
PROPERTY LAW – Appeal against an order that a transfer was a voidable transaction under s 172(1) of the Property Law Act 1958 (Vic) – Appellant received a transfer from his mother in excess of an amount she paid him pursuant to a constructive trust in favour of the appellant's father – Whether transfer was an alienation with an intent to defraud creditors – No error in the trial judge's finding that the mother intended to defeat creditors – Appeal dismissed – Briginshaw v Briginshaw (1938) 60 CLR 336 – Property Law Act 1958 (Vic) s 172. More...

Fortuna Fountain Pty Ltd v Dato Lim Jew Siang Investments Pty Ltd (Retail Tenancies) [2014] VCAT 536
Retail premises lease-Law Institute of Victoria May 2000 Revision-rental review provisions contained in clause 11- consideration of notice provisions in clause 14- whether the tenant had demonstrated that it gave notice by post to the landlord under clause 14-landlord alleged non-receipt-insufficient evidence of postage by tenant-notice also sent by the tenant by facsimile to the solicitor known to be acting for the landlord-found that notice by facsimile under clause 14 had been duly given by the tenant-whether landlord had subsequently duly objected to the proposed rent, found that landlord had done so-with the consequence that rent for the review period is required to be determined under clauses 11.1.3-11.5 of the lease. More...

Horne v Snelling [2014] VSC 173
REAL PROPERTY – Caveat – Application to remove – Whether agreement to secure parents' loans to son created caveatable interest – Later bankruptcy of son – Whether consideration – Whether consideration past – Whether forbearance to sue – Whether agreement a deed – Bankruptcy Act 1966 (Cth) s 120; Transfer of Land Act 1958 (Vic) s 90(3), Property Law Act 1958 (Vic) s 73, 73A. More...

Davies v Johnston (Real Property) [2014] VCAT 512
CO-OWNERSHIP – Part IV of the Property Law Act 1958; Resulting trust - presumption of advancement; whether defacto relationship grounds for finding that resulting trust created – whether love and affection to be considered in the exercise of the Tribunal's discretion; Contribution – whether costs of maintaining property during period of co-habitation to be considered; Rent – whether occupation fee should be accounted for where one co-owner solely occupies the property. More...

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