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.