Australia: Property & Projects – What's News - 17 November 2014

Last Updated: 25 November 2014
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

New opportunities for agriculture in northern Australia
Major opportunities for expanding northern Australia's irrigated agricultural industries—across Western Australia, the Northern Territory and Queensland—have been identified in a new joint study by CSIRO and the Australian Bureau of Agricultural and Resource Economics (ABARES) (03 November 2014). More...

In the media – Victoria

A new era of planning transparency
The Napthine Coalition Government will release all departmental officer reports to the Planning Minister on all central city planning approvals where the Minister is the responsible authority. This is the first time these reports have been made public (28 October 2014). More...

New suburb on doorstep of Melbourne's CBD to become a reality
The Napthine Government is calling for Expressions of Interest to develop the 20ha E-Gate site on the western edge of Melbourne's CBD, the Deputy Premier and Minister for State Development Peter Ryan announced today (27 October 2014). More...

In the media – New South Wales

Energy retailers welcome market-led smart meter rollout in NSW
The ERAA has welcomed the NSW Government's announcement foreshadowing a market-led rollout of electricity smart meters in NSW. The Chief Executive of the ERAA, said the decision meant that in coming years all residential customers in NSW would have the choice to have a smart-meter installed at their home as part of their relationship with their energy retailer (28 October 2014). More...

In the media – Queensland

Revised Gold Coast Broadwater development plans released
Revised plans have been released for the proposed resort development on the northern Gold Coast, including a tripling in size of an existing island. The new plans place most of the development including a cruise ship terminal, hotels, shops and parkland on an expanded Wave Break Island (07 November 2014). More...

Red tape reforms creating jobs, saving Queenslanders hundreds of millions
The independent Office of Best Practice Regulation estimated regulatory compliance costs must be reduced by $569 million to achieve the 20 per cent target. Examples of reforms saving businesses and the community time and money include overhauling planning and development and speeding up project approval processes, saving businesses $30 million per year and repealing the waste levy, saving businesses $88 million a year in fees (05 November 2014). More...

Commencement of new industry laws
New laws for property agents, used motor dealers, chattel auctioneers, debt collectors and process servers will commence on 1 December 2014. The new laws replace the Property Agents and Motor Dealers Act 2000, which has grouped the regulation of several industries together for more than 13 years. The Government had set 1 December 2014 as the commencement date (04 November 2014). More...

Published – articles, papers, reports – New South Wales

Research Paper - Crown land management
NSW Parliament, ebrief No 15
This e-brief presents some facts and figures about Crown land, it provides a brief history and summary of the legislation governing Crown land, and it outlines the proposed reforms (November 2014). More...

In practice and courts – Victoria

Building Amendment - Additional New Residential Zones
The Amendment follows the implementation of the new residential zones and schedules to residential zones by aligning the building approval system with planning schemes containing varied height and siting provisions for the construction of single dwellings on an allotment. Specifically, Schedule 5 to the Building Regulations 2006 has been updated to reflect approved planning scheme amendments for Ararat C33, Ballarat C177, Cardinia C187, Darebin C144, Greater Shepparton C173, Kingston C150, Latrobe C84, Moorabool C72, Mornington Peninsula C179, Southern Grampians C34 and Whitehorse C160 (30 October 2014). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2014

New Property legislative scheme to commence on 1 December 2014
The Land Sales and Other Legislation Amendment Act 2014 will commence on 1 December, in line with the Property Occupations Act 2014. Four pieces of legislation will replace the current Property Agents and Motor Dealers Act 2000 (PAMDA). They are:

Property Occupations Act 2014

Motor Dealers and Chattel Auctioneers Act 2014

Debt Collectors (field Agents and Collection Agents) Act 2014)

Agents Financial Administration Act 2014.

The Attorney-General has also announced that the Land Sales and Other Legislation Amendment Act 2014 will commence on 1 December, in line with the Property Occupations Act 2014.

Environmental Protection and Other Legislation Amendment Bill 2014 (EPOLA Bill) passes Parliament
The Queensland Parliament voted to pass the Bill which makes changes to the Environmental Offsets Act 2014 (EO Act) on 30 November 2014. The Property Council has significant concerns remaining regarding the potential for duplication to continue between offset requirements imposed by different levels of government (30 October 2014). More...

Queensland's biosecurity regulations: consultation
Farmers, landowners and community members are invited to comment on new biosecurity regulations to protect the agricultural sector and our environment. The regulations underpin the new Biosecurity Act 2014 passed by Parliament earlier this year. Comment as part of the consultation is open until November 21. More...

Cases – Victoria

Jin Dun Pty Ltd v Di & Li Australia Pty Ltd [2014] VSC 562
LANDLORD AND TENANT ? Retail premises lease ? Landlord's statutory liability to maintain premises in same condition when lease was entered into ? Renewal of lease ? Defects in installations in initial leasehold term continuing into renewed leasehold term ? Express term of initial lease that landlord's obligation for repairs extended to renewals of lease ? Statutory obligation of repair arising only on entry of lease and referable to condition of installations as at renewal ? Whether express term more favourable to tenant is void as being contrary to or inconsistent with statute ? Tribunal finding of no invalidity ? Decision not attended with sufficient doubt ? Leave to appeal refused ? Retail Leases Act 2003 (Vic), ss 52, 94. More...

Cases – Queensland

Castle Co Pty Ltd trading as Redcliffe Hospital Courtyard Coffee Shop v State of Queensland [2014] QCAT 514
RETAIL SHOP LEASE – AGREEMENT TO LEASE – whether parties have a valid and enforceable agreement to lease – whether all essential terms agreed. Bradshaw v Henderson [201] QCA 008 Copperart Pty Ltd v Bayside Developments Pty Ltd (1996) WAR 396 Masters v Cameron (1954) 91 CLR 353 NZI Insurance Australia Ltd v Baryzcka [2003] 85 SASR 497 Watson v Delaney (1991) 22 NSWLR 358. More...

Alshdaifat Pty Ltd t/as Paradise Convenience Store v Consulting Japan Pty Ltd [2014] QCAT 507
RETAIL SHOP LEASE – claim for compensation by former tenant – whether lease validly terminated – where informal agreement prepared and signed – where counter-claim for damages by former landlord. 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.