Australia: Property & Projects – What's News - 1 December 2014

Last Updated: 9 December 2014
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

ACCC takes Energy Australia to court over sales tactics
The ACCC is taking Federal Court action against EnergyAustralia and its telemarketing company Bright Choice for alleged breaches of the Australian Consumer Law (21 November 2014). More...

China coal tariffs to go under FTA
China's recently installed coal tariffs will be removed within two years under the Australia-China free trade agreement signed. Tariffs on coal introduced last month – 6% on thermal coal and 3% for coking coal – will also be removed or phased out (18 November 2014). More...

Property transactions finally hit the digital age under PEXA
Known as Property Exchange Australia Ltd (PEXA), the electronic clearing house went fully live in New South Wales this week hooking-up the state to digitised transactions, a milestone that follows earlier strong progress in Victoria and Western Australia (12 November 2014). More...

In the media – New South Wales

Simpler planning means more certainty
Minister for Planning Pru Goward has announced a suite of improvements to how state significant development proposals are processed, speeding up the State's planning system and providing more certainty to communities and business (21 November 2014). More...

ICAC: Edward Obeid Sr being prosecuted in regard to misconduct over Circular Quay leases
Former NSW member of the Legislative Council, Edward Obeid Sr, is being prosecuted for an offence of misconduct in public office for actions he took to cause the Maritime Authority of NSW to deal favourably with Circular Quay Restaurants Pty Ltd, regarding the company's restaurant tenancies at Circular Quay (20 November 2014). More...

Eco advocates call for a 20 per cent increase in urban green space by 2020
A coalition of urban designers, landscape architects and other organisations are calling for a 20 per cent increase in urban green space by 2020 (14 November 2014). More...

Certainty and clarity on coastal hazards
Mr Stokes said the NSW Government has now finalised stage one of the coastal reform process and a new planning circular will ensure councils take a consistent approach when notifying property owners and buyers about present and future coastal hazards that may affect their land (14 November 2014). More...

Tough new planning penalties pass Parliament
The Minister for Planning has welcomed legislation passing through the NSW Upper House that gives the Land and Environment Court stronger powers to punish developers that breach approval conditions or damage the environment (13 November 2014). More...

One Central Park demonstrates world class design
The Urban Taskforce congratulates the developers of One Central Park, Frasers Property and Sekisui House and the architects Jean Nouvel with PTW for winning the Best Tall Building in the World award (13 November 2014). More...

Council joint organisations must centralise planning for their region
The announcement by the NSW Minister for Local Government, Paul Toole, of the five Joint Organisation pilots is an excellent opportunity to take a more regional approach to planning, says the Urban Taskforce (13 November 2014). More...

In the media – Queensland

Rural areas to be briefed on Gladstone region's proposed planning law changes
The Gladstone council says it will host a series of meetings in rural parts of the shire, to discuss proposed changes to local planning laws (18 November 2014). More...

Historic agreements bring jobs to Queensland
To build on the Galilee Basin Development Strategy, the State Government announces they are now prepared to sign agreements with Galilee Basin proponents who can demonstrate they will meet the majority of the cost of providing rail, port and other infrastructure (17 November 2014). More...

Published – articles, papers, reports – National

China's Q3 growth affected by weak real estate and heavy industrial investment
The Southern spring - Northern autumn edition of the Westpac-BREE China Resources Quarterly (CRQ) has been released (13 November 2014). More...

Residential Property Price Indexes: Eight Capital Cities, Sep 2014
Australian Bureau of Statistics
Preliminary estimates show that the price index for residential properties for the weighted average of the eight capital cities rose 1.5% in the September quarter 2014. The index rose 9.1% through the year to the September quarter 2014 (11 November 2014). More...

In Practice and Courts - Victoria

EPA trial process: works approval guideline and application checklist
EPA Victoria has developed an improved works approval guideline and a new web-based application checklist, as part of the major commitment of EPA's approvals reform project to simplify the application process and proportional to the environmental risk. Submit feedback to until 21 November 2014.

Cases – Victoria

Salta Constructions Pty Ltd v St George Bank [2014] VSCA 289
GUARANTEE – Obligation secured by mortgage – Whether demand made under guarantee – Notice of default – Whether notice of default constituted a demand for payment – Whether demand required before mortgagee could apply proceeds of sale of secured property in discharge of guarantor's liability. More...

Heislers v Melbourne Water Corporation [2014] VCAT 1399
Compulsory acquisition of easement as part of creation of water pipe linking Melbourne to new desalination plant at Wonthaggi; easement running parallel and just in from rear boundary of review site; parties in dispute about quantum of compensation; follow up costs decision. More...

Growthpoint Properties Australia Limited v Australia Pacific Airports (Melbourne) Pty Ltd [2014] VSC 556 LANDLORD AND TENANT – Construction of market rent review provisions – Whether market rent review is obligatory, or discretionary – Applicable principles of construction. More...

Southern Cross Capital Partners Pty Ltd v. Owners Corporation No. PS 542645C [2014] VCC 1738
Lease – Two subdivided office suites – Suites adjoined but had no dividing wall on the title boundary – Suites separately owned but leased to a single tenant by two "related" and "interdependent" leases – Under each lease the tenant was obliged to undertake works at termination – Works were "so that the premises are returned to the landlord in a condition suitable to be used as an office suites" – Whether termination works required the suite to be divided from the adjoining suite. 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.

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