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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