In the media – National
New opportunities for agriculture in northern
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
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
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
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
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
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:
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
 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  QCAT
RETAIL SHOP LEASE – AGREEMENT TO LEASE – whether parties have a valid and enforceable agreement to lease – whether all essential terms agreed. Bradshaw v Henderson  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  85 SASR 497 Watson v Delaney (1991) 22 NSWLR 358. More...
Alshdaifat Pty Ltd t/as Paradise Convenience Store v
Consulting Japan Pty Ltd  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.