Australia: Property & Projects – What's News - 18 June 2014

Last Updated: 19 June 2014
Most Read Contributor in Australia, September 2016

In the media


Port of Hastings expansion is declared under the Major Transport Projects Facilitation
Minister for Ports David Hodgett, speaking in Parliament today, announced a major milestone for the Port of Hastings expansion with the project being declared under the Major Transport Projects Facilitation Act 2009 (29 May 2014). More...

Key reforms to streamline bushfire regulations
Significant changes to Victoria's bushfire planning regulations were announced this week, giving greater certainty to residents and landowners in bushfire designated areas. A new $700,000 Bushfire Planning Assistance Fund will enable affected landowners and councils to streamline planning processes. The statewide amendment will be implemented shortly (29 May 2014). More...

More jobs and opportunities created by a strategic site in Melbourne's west
A major milestone for the redevelopment of a site half the size of the Melbourne CBD has been passed following the official gazettal of the rezoning of approximately 72 hectares of strategically located Orica land at Deer Park in Melbourne's west (23 May 2014). More...


Major reforms to boost resources and protect landholders
A new Mineral and Energy Resources (Common Provisions) Bill 2014 proposes a consistent framework across all resources types to provide landholders and resource companies with greater clarity about their rights and obligations for gaining access to private land near residences and other infrastructure (05 June 2014). More...

Jobs and construction industry to flow from new planning Act
The Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 provides for new funding avenues for local governments for priority infrastructure projects, and introduces a 'fair value schedule of infrastructure charges' that reflected the cost of infrastructure required to allow new residential, commercial and industrial developments to take place (05 June 2014). More...

Life made easy for Queenslanders buying off the plan
After extensive consultation with the property industry, administrative processes will be streamlined to avoid the need for complicated forms, and duplicated disclosure obligations will be removed. Buyers and sellers will also be given the freedom to make their own contractual agreement on small non-community title developments of 5 lots or less (05 June 2014). More...

Queensland councils demand legislative cover from rates litigants
Councils in Queensland are worried that their ability to use differential rating is directly under threat after a Supreme Court judgement found Mackay Regional Council's decision to impose higher charges on investment properties was legally "invalid" (03 June 2014). More...

Changes to Queensland drought declared areas
Well-above average rainfall in the northern coastal areas of Queensland has seen drought declarations in Burke, Carpentaria and Doomadgee Shires revoked. However the Charters Towers Regional Council area would become fully drought declared as the dry weather conditions continued in the region (26 May 2014). More...

In practice and courts


Water Act 2007 Review
The overarching focus of the Review is to consider whether the Water Act is delivering on its objectives effectively and with the minimum necessary regulatory burden imposed on the water industry, water managers and irrigators. Submissions close Friday 4 July 2014 (19 May 2014). Review of the Water Act 2007



Lyon v Howard [2014] VSC 84
TRUSTS – Resulting trust – Contribution to purchase price of property – Whether "gift" or "investment" – Relevance of nondisclosure of beneficial interest to government authorities to the grant of discretionary relief - Quantification of beneficial interest. More...

Heislers v Melbourne Water Corporation [2014] VCAT 632
Compulsory acquisition of easement as part of creation of water pipe linking Melbourne to new desalination plant at Wonthaggi; easement running parallel and just in from rear boundary of review site; parties in dispute about quantum of compensation; dispute brought to Tribunal for resolution. The amount of compensation payable by the Respondent to the Applicant arising from the compulsory acquisition of the easement at the rear of the property at 3882 Bass Highway Kilcunda is assessed at $230,798.26. More...

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...

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...

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