Australia: Property & Projects - What's News - 20 October 2014

Last Updated: 28 October 2014
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

WGBC report aligns office design to health
A new World Green Building Council report points to "overwhelming evidence" that office design impacts health and productivity, including productivity gains of up to 11 per cent by improving indoor air quality alone (07 October 2014). More...

Report: real estate sector Australia's "most aggressive" tax evader
A new report on tax evasion in Australia has singled out the property industry as the most "tax aggressive" sector, responsible for more than $1.5 billion in annual tax foregone (01 October 2014). More...

Where are the retirement living hotspots
The retirement living sector rates consistently in the Property Council / ANZ Property Industry Confidence Survey as one of the highest predicted growth markets of our industry (02 October 2014). More...

In the media – Victoria

Landmark development opens in Footscray
Grocon has partnered with the Victorian Government to launch a new commercial office development at 1 McNab Avenue, Footscray, part of a multimillion dollar initiative to revitalise Melbourne's inner west (07 October 2014). More...

Victorian National Parks Association calls for river grazing review
An attack on riverfront ­grazing licence renewals has been dismissed by the Victorian Government and farmers. The VNPA called for a plan and resources for river restoration and funding of $20 million to protect riparian lands. The Government denied that it had failed to protect waterways (02 September 2014). More...

In the media – New South Wales

Changes to SEPP65 apartment design guidelines; AIA and BDA comment
Thirteen years on, SEPP65 is considered one of the more successful pieces of NSW planning legislation which has improved multi-residential building standards and amenity. But there have been some small issues with the policy's implementation across the entirety of NSW (10 October 2014). More...

NSW Fair Trading focus on real estate compliance
NSW Fair Trading Minister Matthew Mason-Cox today issued a stern warning to real estate agents, revealing a blitz of property auctions is underway with a focus on underquoting, dummy bidding and deceptive conduct (03 October 2014). More...

In practice and courts – National

National Stronger Regions Fund is open for applications: Round one
The Fund will provide between $20,000 and $10 million for up to 50 per cent of the cost of projects. The Guidelines for the National Stronger Regions Fund detail the type of project proposals sought, how to lodge an application, how assessments will be conducted, and critical program dates. Applications for round one close on 28 November, 2014. To access the guidelines, and to lodge a round one application (1 October 2014). More...

The North East Shipping Management Plan 2014
This will assist decision-makers to determine priorities, providing a strategic guide and a programme of options that will improve safety and bolster environmental safeguards. More...

New Standards Issued October 2014

AS/NZS 3598.1:2014
Energy audits - Commercial buildings
Standards Australia

Announcements, Draft Policies and Plans released 2014

Queensland Condamine-Balonne catchment water purchase round now open
This purchase is for un-supplemented and overland flow water harvesting licence holders. Interested license holders have until 30 October 2014 to make an offer. More...

In practice and courts – Victoria

New DTPLI website today (Department of Transport, Planning and Local Infrastructure)
A new department website combining three previous sites went live today. More...

SRO: New congestion levy boundaries
In May 2014, the Victorian Government expanded the congestion levy boundary to include a Category 2 levy area, comprising a number of inner-city suburbs surrounding the Melbourne CBD. This new levy area, along with the existing Category 1 levy area, can be viewed on the congestion levy area map (30 September 2014). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2014

Approval of MacKay Airport Land Use Plan – August 2014
Jeff Seeney MP, Deputy Premier, approves pursuant to section 41(1) of the Airport Assets (Restructuring and Disposal) Act 2008 (s41(4), the Mackay Airport Land Use Plan – August 2014.
The approval of the Mackay Airport Land Use Plan – August 2014 will take effect immediately on the day this notice is gazetted [10 October 2014]. More...

In practice and courts – New South Wales

Revised apartment design guidelines for public consultation (SEPP65 reform package)
High-level changes for reflection include: Incorporating mixed use and top shop housing; Removal of minimum parking spots for developments close to public transport, and Increased flexibility in design solutions . The reform package is on exhibition for public feedback until 31 October 2014. More...

Cases – Victoria

Wagner v Usatov (Civil Claims) [2014] VCAT 1198 Sale of land – vendors' statement given under Sale of Land Act 1962 s 32 – whether the vendors contravened s 32 – non-disclosure of a planning permit with a condition that required an agreement under the Planning and Environment Act 1987 s 173 – whether the vendors were required to disclose it – Sale of Land Act s 32(2)(b), (e). Jurisdiction – loss caused by contravention of Sale of Land Act 1962 s 32 – Australian Consumer Law and Fair Trading Act 2012 s 217, Sale of Land Act 1962 s 48A. More...

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.