Australia: Property & Projects - What's News - 4 November 2014

In the media –National

Agriculture Green Paper: dams, supermarkets, investment and infrastructure
The Federal Government's Green Paper on competitiveness in agriculture, launched at the National Farmers' Federation Congress, details plans for more dams and water infrastructure as well as changes to the way supermarkets and farmers interact (20 October 2014). More...

Renewed funding continues work on bores
Remote communities will benefit from the Australian Government's announcement of $15.9 million to extend the Great Artesian Basin Sustainability Initiative (GABSI) for a further three years.The program provides funding support to repair uncontrolled bores that threaten the long-term viability of the Great Artesian Basin (16 October 2014). More...

In the media – Victoria

Zone reforms pave the way for ALDI expansion
Planning Minister Matthew Guy opened ALDI's newest supermarket, in Melbourne's south eastern suburbs, highlighting the importance of planning zone reform in encouraging business investment and job growth for Victoria (22 October 2014). More...

Estate agent licensing reforms for large commercial property
The Victorian Coalition Government has confirmed that it is proceeding with its policy to remove the requirement for those involved in large commercial property transactions to hold a licence under the Estate Agents Act 1980 (Act), while maintaining appropriate consumer protections for buyers and sellers of property in Victoria. The reforms will apply to properties that have sale contract prices of over $15 million, or are larger than 10,000 square metres in gross floor area, or where each party to the sale owns real estate with a market value of more than $15 million dollars or GFA of over 10,000 sq m. (20 October 2014). More...

In the media – New South Wales

Sydney CBD office demand in growth phase
The DEXUS Office Demand Barometer rose from 1.5 per cent to 1.9 per cent during the September quarter, indicating that Sydney CBD office demand has entered its growth phase (20 October 2014). More...

New court powers to hit environmental offender's bottom lines
The NSW Government will introduce laws to give the Land and Environment Court the power to impose tough new sanctions on those who breach development conditions and damage the environment. The proposed amendments will give the Court remedial actions on top of fines when miners, developers and other commercial operators are found guilty of breaching development consent conditions (18 October 2014). More...

High housing starts supporting a strong NSW economy
Treasurer Andrew Constance and Minister for Planning Pru Goward, said the NSW Government was successfully recharging the State's housing market with official Australian Bureau of Statistics figures revealing the highest number of housing starts since 2002-03 (15 October 2014). More...

New penalties for planning breaches to be toughest in Australia
The NSW Government will introduce new laws to crack down on companies and individuals which breach planning rules. The new penalties for breaches of planning laws will now be the toughest in Australia, with a maximum penalty of $5 million for companies and $1 million for individuals (13 October 2014). More...

In the media – Queensland

29 rateable local government areas to receive annual land valuations in 2015
More than one million landowners in 29 of Queensland's 62 rateable local government areas (LGAs) will receive new land valuations in 2015. The decision to value the 29 rateable LGAs follows consultation with local governments, local groups and industry stakeholders and an evaluation of property market survey reports (23 October 2014). More...

Tender process to address Toowoomba second range crossing design concerns: Seeney
Deputy Premier Jeff Seeney says the tendering process will iron out any flaws in the design of the Toowoomba second range crossing. A new planning scheme would determine if the Lockyer Valley was protected from coal seam gas (CSG) activity (23 October 2014). More...

Have your say on Queensland's biosecurity regulations
Farmers, landowners and community members are invited to comment on new biosecurity regulations to protect the agricultural sector and our environment. The regulations would underpin the new Biosecurity Act 2014 passed by Parliament earlier this year (16 October 2014). More...

Published –articles, papers, reports – New South Wales

Builders' liability to Owners Corporations: the recent High Court decision
NSW Parliamentary Research Service
This e-brief provides a summary of the High Court decision and the stakeholder reaction to it. It also explores the possible relationship between the decision and the amendments to the Home Building Act 1989 which are about to come into force (October 2014). More...

Legislation –New South Wales

Amendment by the Environmental Planning and Assessment Amendment Bill 2014 (NSW)
The Environmental Planning and Assessment Amendment Bill 2014 (NSW) proposes to amend the legislation listed below. The Bill was introduced into the Legislative Assembly and received its second reading speech on 22 October 2014. According to the explanatory memorandum, the objectives of the Bill include to:

  1. substantially increase the maximum penalties for offences against the Environmental Planning and Assessment Act 1979 No. 203 (NSW) ("the Act") and the Environmental Planning and Assessment Regulation 2000 No. 557 (NSW) ("the Regulation"), including to prescribe a maximum penalty of $5 million in the case of a corporation or $1 million in the case of an individual and additional daily penalties for an intentional offence that caused or as likely to cause significant harm to the environment or cause the death of or serious injury or illness to a person
  2. create additional offences, including for providing false or misleading information in connection with planning matters
  3. consolidate and expand the investigative powers of council and Departmental officers for the enforcement of the Act
  4. amend the Subordinate Legislation Act 1989 No.146 (NSW) to further postpone the staged repeal of the Regulation
  5. require the Secretary of the Department to establish and facilitate the online delivery of planning services and information, including to enable planning applications to be lodged and dealt with online, and to facilitate public access to planning information
  6. make other related amendments, including to update references to the "Director-General of the Department", to the "Secretary of the Department", and to clarify the obligation of directors of corporations to declare political donations in connection with planning matters.

This affects the following legislation: Environmental Planning and Assessment Act 1979 No. 203.

Cases –Victoria

Epping Hotels Pty Ltd v Serene Hotels Pty Ltd [2014] VSC 526
LANDLORD AND TENANT - Retail premises lease - Hotel and licensed gaming premises - Rent review based on current market rent - Rent determination by specialist retail valuer - Statutory requirement that valuer disregard "the value of tenant's fixtures and fittings" - Valuation methodology based on sitting tenant's turnover and trading ? Whether such approach involved the value of tenant's fixtures and fittings - Leave to appeal order of VCAT granted- -Retail Leases Act 2003 (Vic), s37(2). LANDLORD AND TENANT - Rent review based on current market rent ? Rent determination by specialist retail valuer -Publication of "speaking" valuation report - Legal challenge to valuation by tenant - Publication of supplementary report at request of landlord - Tribunal unwilling to consider supplementary report - Leave to appeal granted. More...

Frontlink Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2014] VCAT 1213
Review and Regulation List – Land Tax – Primary Production Exemption –meaning of "primary production" – land not used for maintaining cattle for sale or their natural increase – land not used primarily for primary production – Land Tax Act 2005 s.64(1) and s.66 and Taxation Administration Act 1997s.110. The 2009 Land Tax Assessment in respect of the land, is varied from $118,273.50 to $94,725.00. More...

Cases –Queensland

Bakers Creek Developments P/L atf for Bakers Creek Trust v Pacific Homes (Mackay) P/L& Anor [2014] QDC 237
PRACTICE & PROCEDURE – CONTRACTS – BREACH – SPECIFIC PERFORMANCE - whether first defendant in breach of three contracts as buyer of residential land – failure to complete in time – whether willing or able – alleged oral terms prior to execution of written contracts that are contrary to written terms – both parties legally represented at material times – no allegation by first defendant of any misleading or deceptive conduct by plaintiff – no equitable defence – no hardship made out – where second defendant on behalf of first defendant has not fully disclosed financial circumstances – where plaintiff has shown prima facie that first defendant and arguably second defendant had financial resources not disclosed – where onus of proof of hardship not discharged – whether specific performance should be granted. PRACTICE & PROCEDURE – SUMMARY JUDGMENT APPLICATION – whether any real prospect of first defendant successfully defending all or part of plaintiff's claim – whether there is a need for a trial of the claim or part of the claim – where first defendant in clear breach of the contracts – we know defence made out – whether summary judgment appropriate to bring dispute to finality. 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”

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
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 you may opt out by clicking here

    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.

    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.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    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.

    By clicking Register you state you have read and agree to our Terms and Conditions