Australia: Property & Projects - Whats News - 5 October 2014

Last Updated: 13 October 2014
Article by Steve Aitchison and Lisa Cody

Most Read Contributor in Australia, September 2016

In the media – National

New water purchase round for the Queensland Lower Balonne
The Australian Government will commence a new water purchase initiative in the Queensland Condamine-Balonne catchment, to help to deliver on the Australian Government's commitment towards bridging the gap to meet the Sustainable Diversion Limits in the northern Murray-Darling Basin (23 September 2014). More...

Harper Review Draft Report Highlights Important Reforms for the Building Industry
The Harper Review's draft recommendations to reform planning and zoning processes needs further review given the major impact of local government inefficiency on housing affordability, according to Master Builders Australia (22 September 2014). More...

In the media – Victoria

Residential Zones (Stage One) committee reports released
The Residential Zones Standing Advisory Committee has released reports regarding the overarching operation of the residential zones and the fourteen stage 1 council residential zone proposals (17 September 2014). More...

In the media – New South Wales

First 6 Star NABERS Energy rating for major office building announced
The NSW Office of Environment and Heritage is pleased to announce that Mirvac has become the first organisation to achieve a 6 Star NABERS Energy rating for a major office building without the use of GreenPower (26 September 2014). More...

New Liveable Apartment Guidelines to Save Buyers up to $50,000
Minister for Planning announces new planning guidelines for apartment design in NSW, which could see the cost of a new apartment slashed by up to $50,000. This change is restricted only to particular councils, applies only to development within close walking distance of transport services (23 September 2014). More...

Position paper on community scheme reforms
The NSW Government releases a position paper outlining its preferred approach to improving community scheme laws across NSW. The position paper sets out an informed approach to meet the future needs of residents living in nearly 2200 community, neighbourhood and precinct schemes operating around the state (19 September 2014). More...

State Government Approves Revised Ryde Council LEP
The Department of Planning and Environment today announced approval of the revised Local Environment Plan for Ryde, locking in land for future housing and employment needs. The revised LEP outlines planning controls that will allow the delivery of an additional 17,000 dwellings and 19,000 jobs for Ryde's future (17 September 2014). More...

NSW Government to Review Building Certification Laws
Assistant Minister for Planning Rob Stokes today announced the appointment of former NSW Treasury Secretary, Michael Lambert, to review the Building Professionals Act 2005 and continue to reform the NSW planning system (12 September 2014). More...

In the media – Queensland

Premier Southport CBD site to be revitalised
A once-in-a-generation development will begin today with the Queensland Government inviting expressions of interest for the sale of the former Gold Coast Hospital site (24 September 2014). More...

In practice and courts – National

[Draft] Inquiry report: Natural Disaster Funding
The draft inquiry report identifies several options to reform the funding arrangements for natural disaster relief and recovery. The draft report also makes findings and recommendations in relation to land use planning, insurance markets and the consistency, sharing and communication of natural hazard information, especially to households. Submissions on the report close on 21 October 2014 (25 September 2014). More...

REIA Fact Sheet on Changes to Franchising Laws
The Australian Parliament has passed the Competition and Consumer Amendment (Industry Code Penalties) Bill 2014. Fact Sheet on Changes to the Franchising Laws which will come into effect on 1 January 2015 (22 September 2014). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2014

Sunshine Coast Airport expansion: public comment
Terms of Reference for the environmental impact statement required the proponent to address potential impacts like aircraft noise, construction, and coastal processes. Submissions close on 13 November 2014 (26 September 2014). More... More...

Cases – Victoria

Marrone v Commissioner of State Revenue (Review & Regulation List) [2014] VCAT 1137
Review and Regulation List – Taxation – Land Tax – Primary production exemption – consideration of what factors to take into account in deciding what part of the land should be assessed as primary production – whether the land was used in the business of primary production – whether one of the applicants was engaged in a substantially fulltime capacity in the business of primary production – Land Tax Act Assessment Act 2005 ss.22, 64 (1), 67 and 70, Taxation Act 1997 s.110. More...

McDonald's Australia Limited v Bendigo and Adelaide Bank Limited and Benalla Retail Investments Pty Ltd [2014] VSCA 209
LANDLORD AND TENANT – Agreement for lease with attached draft lease – Tenant to construct works to enable use as a restaurant – Lessor to pay tenant costs of construction – In default of payment right to set off unpaid costs against rent – Works completed and lease entered into – Right of set off not included in lease – Lease required payment of rent without deduction – Whether mortgagee bound by right of set off – Whether covenant ran with the land – Whether right personal to parties. LIEN – Equitable – Agreement for lease – Lessee to carry out construction works – Lessor to reimburse agreed amount – Lessee delayed in seeking payment – Lessor obtained mortgage funding to pay but did not pay – Land sold – Mortgagee in possession – Whether lien to be implied over proceeds of sale in priority to mortgagee. RIGHT OF RECOUPMENT – Whether applicable to costs incurred by prospective lessee under agreement for lease with right of reimbursement by lessor – Works neither necessary repairs required by landlord nor an amount due by landlord to a third party but paid by tenant at landlord's request. More...

White v White & Registrar of Titles [2014] VSC 449
REAL PROPERTY – Caveat wrongly claiming estate in fee simple when only an arguable equitable lien – Whether caveat should be amended – Application to amend caveat refused – Caveat removed on terms – Transfer of Land 1958 (Vic), s 90(3) – Percy & Michele Pty Ltd v Gangemi [2010] VSC 530; Martorella v Innovision Developments Pty Ltd [2011] VSC 282 applied. More...

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