Australia: Property & Projects - What's News - 4 May 2015

Last Updated: 11 May 2015
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

New data underlines importance of foreign investment
Foreign investment is an essential ingredient in Australia's property industry that helps drive new residential supply and ease pressure on housing affordability. The ANZ/Property Council Survey June quarter 2015 results show relatively stable but significant levels of foreign investment is helping bring new housing supply to market (24 April 2015). More...

PCA: Certainty on negative gearing a boost for housing affordability
The Property Council of Australia welcomes comments by the Prime Minister today ruling out any changes to negative gearing. Executive Director, Nick Proud, said providing certainty on the future of this tax measure will benefit housing affordability and give average workers who invest in property confidence (16 April 2015). More...

Superannuation for housing deposits and the deposit gap: Parliamentary Research Report
The idea of allowing early access to superannuation for housing has recently resurfaced in public debate. This FlagPost provides a high-level chronology of major announcements and reviews, and a brief discussion of decreasing housing affordability reflected in the 'deposit gap' measure. (13 April 2015). More...

In the media – Victoria

Fishermans Bend Expansion
Fishermans Bend will be home to a new jobs precinct, with the Andrews Labor Government expanding plans for the development and doubling the size of the urban renewal area (17 April 2015). More...

Melbourne Metro Rail – Swanston St Alignment
Premier Daniel Andrews joined Minister for Public Transport, Jacinta Allan, to announce the preferred alignment and depth of two rail tunnels that will run through the Melbourne CBD (17 April 2015). More...

In the media – New South Wales

A new park for Sydney's Harbour
The western Sydney Harbour foreshore will be returned to Sydney, for the first time in over 100 years. Barangaroo Point Reserve in years gone by was an industrial precinct but in July, the site will re–open as a six hectare harbour foreshore park (22 April 2015). More...

Local heritage sites to get greater protection
Local councils and businesses will receive an extra $28.5 million in additional heritage funding over the next four years through Heritage Near Me an initiative to support local heritage asset management (20 April 2015). More...

Minimum apartment sizes need clarity
The determination by the NSW Land and Environment Court about minimum apartment sizes has created industry confusion and this must be resolved, says the Urban Taskforce. "The Land and Environment court has determined that a table of nine apartment types takes precedence over a 'rule of thumb' in the Residential Flat Design Code (13 April 2015). More...

Ruling could make Sydney apartments bigger and more expensive
Developer Meriton, the country's largest developer of apartments, has found an unlikely ally in some of Sydney's most rigorous architects after a court judgment raised the minimum size of the city's units (13 April 2015). More...

In the media – Queensland

Cattle grazing leases in Queensland national parks unlikely to be renewed
Time is running out for graziers running cattle on Queensland's national parks, with the new State Government likely to phase out the practice (26 April 2015). More...

In Practice and Courts - National

Notice: ACCC inquiry into gas markets
The inquiry will examine the competitiveness of wholesale gas prices and the structure of the gas industry. The inquiry may include but not be limited to Victoria, NSW, the ACT, South Australia, Queensland and Tasmania. Published on 21/04/2015. The ACCC will provide its report to the Minister for Small Business no later than 13 April 2016. More...

Cases - Victoria

Blue Concept Pty Ltd v Christine Farnan & Ors [2015] VSC 125
REAL PROPERTY Restrictive covenant Whether obligations created by covenant bind the plaintiff – Whether covenant prohibits construction of multiple apartment units – Whether declaratory relief should be refused on discretionary grounds – Property Law Act 1958 s 84;Supreme Court Act 1986 s 36. More...

Cases - Queensland

Chief Executive, Department of Justice and Attorney General v Hucker
[2015] QCAT 087

REAL ESTATE AGENT – DISCIPLINARY PROCEEDINGS – where agent held deposit in personal bank account – where agent used money held as personal funds – where client known to be in poor health – where no consumer suffered loss – whether ground for disciplinary action – penalty to be applied. Chief Executive, Department of Justice and Attorney-General v Sparkling Property Developments Pty Ltd Christine Jayne Jury [2014] QCAT 24 Chief Executive, DTFTWID v Caughey [2006] QCCT PAMD 42 Chief Executive, Department of Justice and Attorney General v My House is Your House Pty Ltd (under external administration) & Anor [2012] QCAT 326. More...

Gekko Developments Pty Ltd v Centa Company Pty Ltd [2015] QSC 087
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – where parties dispute the content and existence of a legal relationship allegedly arising from dealings between the parties – where the defendant had previously granted the plaintiff an option to purchase property belonging to the defendant – where the plaintiff claimed the parties agreed, in consideration of the plaintiff giving up its claim to a contractual entitlement to the property, that the defendant would pay to the plaintiff $3 million – whether the defendant made an agreement to make a conditional or unconditional payment to the plaintiff – where the defendant denies any conversation to that effect and existence of any contract. CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSIDERATION – WHAT AMOUNTS TO CONSIDERATION – whether there was an agreement that the defendant would pay the plaintiff $3 million in consideration for giving up its contractual entitlement to the defendant's property – where the plaintiff's case was that there would have been consideration by a forbearance to sue – unnecessary to consider whether there was good consideration – it would be sufficient consideration for the agreement upon which it sues if the plaintiff gave up what it genuinely believed to be a legal entitlement – not clear that the plaintiff genuinely believed it had a legal entitlement to the property. EVIDENCE – WITNESSES – where the credibility of witnesses was questionable – where the conclusion resulted not from a favourable impression of the defendant's witnesses, but from an assessment of the relative probabilities of the respective cases from uncontroversial facts. 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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