Australia: Property & Projects - What's News - 19 May 2015

In the media – National

Commonwealth seeks property industry assistance
The Commonwealth Department of Environment (DoE) is identifying the amount of investment made for the protection of the Great Barrier Reef (GBR). DoE is collating information on private investment activities that contribute to managing the GBR, including those activities undertaken by the property industry (07 May 2015). More...

Mr Fluffy homeowners must warn visitors about possible contamination, asbestos taskforce says
Owners who choose to stay in contaminated Mr Fluffy asbestos homes in Canberra will be forced to warn visitors about asbestos contamination (07 May 2015). More...

Reef Trust boost for Great Barrier Reef protection
Environment Minister Greg Hunt said new projects worth more than $15 million will strengthen protection and management of the Great Barrier Reef under Phase II of the Federal Government's Reef Trust. Projects include remediating gullies in grazing landscapes to control erosion, a competitive tender to reduce fertiliser run-off from sugar cane farms in the Burdekin region (07 May 2015). More...

Government's swift action on foreign investment welcomed by industry
The Property Council of Australia applauds the decisive action taken by the Queensland Government in immediately ruling out new State taxes on foreign investors (06 May 2015). More...

Release of National Performance Report on Urban Water Utilities welcomed
The National performance report 2013–14: urban water utilities released today by the Bureau of Meteorology, is the ninth in a series of annual national urban water performance reports (05 May 2015). More...

New taxes target foreign investment
Latest figures reveal that foreign investment is accelerating new housing supply and creating jobs in construction, but new taxes and fees jeopardise this growth. The Victorian and Federal governments both announced punitive new taxes and fees on foreign investment in newly constructed housing (05 May 2015). More...

GBCA: New 'Recognised Provider' status to deliver faster Green Star certification
The Green Building Council of Australia (GBCA) is validating companies with significant technical expertise in the Green Star rating system as part of its commitment to continuous improvement. Wood & Grieve Engineers is the first company to be validated for its ability to deliver Green Star points consistently, and is now a Green Star 'Recognised Provider' in energy modelling (06 May 2015). More...

East Coast CBD office demand surges in Q1
East coast CBD office demand reached a four-year high in the March 2015 quarter, but business confidence and consumer sentiment remain subdued, according to the DEXUS 'Australian Real Estate Quarterly Review Q2/2015' (05 May 2015). More...

ACCI: Business calls for a RET compromise
Failing to agree on the Renewable Energy Target will continue to block investment in renewable energy generation and in electricity supply according to key business groups. It will also impose significant unnecessary costs on industry that relies on electricity (04 May 2015). More...

Government releases landmark disaster report
The Productivity Commission has released its final report on the state of funding for natural disasters in Australia and makes for interesting reading for the insurance industry (04 May 2015). More...

Foreign investment delivers more jobs, new homes
The 2013-14 FIRB Annual Report released today shows foreign investment is helping accelerate much needed new housing supply in Australia and creating jobs in construction. Property Council of Australia Chief Executive Ken Morrison said foreign investment is helping combat a decade of housing undersupply in Australia (30 April 2015). More...

Reforms delivering lower electricity bills
Consumers will see reductions in electricity prices as a result of Australian Government-led reforms to the energy sector. The AER today handed down price determinations about the amount network businesses can charge for 'poles and wires' over a five year period, which will see customers in NSW, QLD, SA and the ACT pay less for electricity network services (30 April 2015). More...

AER approves 2012-13 and 2013 demand management incentive allowance expenditure for DNSPs
The Demand Management Incentive Scheme (DMIS) aims to provide incentives for Distribution Network Service Providers (DNSPs) to conduct research and investigation into innovative techniques for managing demand. It also aims to enhance industry knowledge of practical demand management projects and programs through the publication of annual reports (29 April 2015). More...

Prestigious award for Australian Solar Mapping Tools
The Australian PV Institute (APVI) has been awarded the national ENERGY GLOBE Australia Award for its suite of live generated solar photovoltaic (PV) maps and tools which make it easier to track and understand the Australian solar PV market (29 April 2015). More...

ACCC's Carbon Monitoring Report - March Quarter
The ACCC's latest carbon monitoring report which shows that significant cost savings from the removal of the carbon tax are being passed on to consumers. The price exploitation provisions with high penalties for non-compliance, combined with transparency requirements to substantiate savings and provide statements to customers, led to the level of compliance observed within the electricity and gas sectors (29 April 2015). More...

CEFC helps unlock energy productivity potential in Darling Downs and surrounds
The Clean Energy Finance Corporation's CEO Oliver Yates is meeting with Darling Downs business and community leaders to explore means of cutting energy costs and unlocking energy productivity gains using finance for energy efficient equipment and renewable energy technologies (28 April 2015). More...

Emission 'Reduction' Fund in fact proposes increase in pollution from oil, gas and mining
A submission by the Australian Conservation Foundation and Environmental Justice Australia on the Emission Reduction Fund Safeguard Mechanism Consultation Paper says the ERF will make at best only a limited contribution to achieving the 2020 target (28 April 2015). More...

Report claims Climate negligence, inertia risking investor trillions
Nearly half of the world's biggest investment funds – including some of Australia's major asset owners – were failing to protect their portfolios from climate change and associated environmental risk, a new report has found (27 April 2015). More...

In the media – Victoria

Metropolitan Planning Levy
The Victorian Metropolitan Planning Levy which applies to all planning permit applications that exceed $1m in estimated costs, is due to take effect on 1 July 2015. The levy must be paid before you can make a leviable planning permit application. Even if the planning permit application is refused, the levy will not be refunded. The levy will initially be $1.30 for every $1000 of the estimated cost of the development. More...

Changes to wind farm planning laws
The Victorian Government has changed wind farm planning laws that reduce the allowable distance of a wind turbine to a dwelling with the landowner's consent to one kilometre from two kilometres. More...

RET Disappointing For Victorian Jobs
The Andrews Labor Government is deeply disappointed with the Abbott Government's announcement that the Renewable Energy Target (RET) will be scaled back to 33,000 gigawatt hours by 2020 (08 May 2015). More...

Funding To Support Regional Strategic Planning
Regional leaders and communities across Victoria will benefit from the Andrews Labor Government's $1.5 million investment to support the development of regional strategic plans, as part of the 2015-16 Victorian Budget (08 May 2015). More...

20 Million Trees and the Green Army deliver a more liveable West Melbourne
Minister for the Environment, Greg Hunt, said Melbourne's west is set to benefit from on-ground action as part of a joint 20 Million Trees and Green Army initiative to re-establish green areas across west Melbourne (06 May 2015). More...

Alpine National Park Secured For Victorians
The Andrews Labor Government has today fulfilled its election promise to ban cattle from Victoria's Alpine National Park, forever. Legislation which passed the Legislative Council today will ban grazing in the Alpine National Park, as well as in the River Red Gum national parks (05 May 2015). More...

Developers Given Certainty To Get On With The Job
There are currently 26 Central City Permit applications under assessment within the department – equivalent to a year's work – along with 150 planning scheme amendments which are yet to be finalised. The Labor Government will provide $1 million to work through the backlog of applications so developers can get on with the job and maintain a pipeline of work (05 May 2015). More...

New Energy Regulations To Give Families Certainty
The Andrews Labor Government will protect family and household budgets through banning early exit fees for fixed-term electricity and gas plans where the retailer increases the price. The Victorian Essential Services Commission will incorporate this new regulation into Victoria's energy retail regulatory framework (01 May 2015). More...

Minister Grants Melbourne Council Exemption
Minister for Local Government, has given six City of Melbourne Councillors an exemption to vote on its Melbourne Open Space Strategy. Ms Hutchins was asked to intervene by the City of Melbourne, after six councillors were unable to vote on the plan due to a conflict of interest over campaign donations (01 May 2015). More...

City of Yarra's character and heritage protected
The Neighbourhood Residential Zone, which restricts over-development, has been applied across the council's heritage precincts. Higher densities will be supported around the commercial and former industrial areas, where taller buildings are best suited (30 April 2015). More...

$1.5 Billion To Get Started On Melbourne Metro Rail Project
The Andrews Labor Government has announced $1.5 billion to cover all anticipated planning, design and significant early works ahead of major construction of the Melbourne Metro Rail Project in 2018 (28 April 2015). More...

EPA issues clean-up notice on Strathmerton site
Environment Protection Authority Victoria (EPA) has issued a clean-up notice to the owner of a Strathmerton site after industrial waste at the property tested positive for asbestos contamination (28 May 2015). More...

In the media – New South Wales

Decision concerning the 10 Terminal site at Middle Head
The Minister has revoked the approval previously granted to the Trust under sections 64(a) and (b) of the Trust Act, to enter into a lease of the site for the current development proposal (07 May 2015). More...

NSW housing approvals hit 15 year high
Planning Minister Rob Stokes today welcomed Australian Bureau of Statistics figures showing more than 170 new homes were approved every day of March in NSW (05 May 2015). More...

Fire-risk cladding a legal mine field, apartment owners warned
The viability of Australia's booming $500 billion strata industry is under threat as tens of thousands of high-rise apartment owners brace for the possibility of having to pay to rip out and replace flammable cladding (05 May 2015). More...

Share your views on certification and building laws
The community will be able to have its say on an important aspect of building or renovating a home, with an independent and comprehensive review of private and council certifiers now underway, with a discussion Paper has been released with Community consultation sessions for the independent review of the Building Professionals Act (04 May 2015). More...

WestConnex tunnel to reduce residential impact
The construction mid-point for WestConnex's M4 East tunnel has been chosen to reduce residential impact and allow tunnelling in both directions from one location (30 April 2015). More...

Review underway to streamline caravan and manufactured homes planning policy
The NSW Department of Planning and Environment is asking for feedback on ideas to cut red tape for caravan parks and manufactured homes to make the planning system simpler and easier to understand. The review will look at planning laws that deal with the approval of manufactured home estates and caravan parks (27 April 2015). More...

In the media – Queensland

No new State taxes for foreign property investors: Queensland Treasurer
Treasurer Curtis Pitt has ruled out any new State taxes targeting foreign property investors in Queensland. Mr Pitt made the pledge following news that the Victorian Government will introduce a range of new property taxes for foreign investors (06 May 2015). More...

13 year battle for Cape York land settled
A 13 year native title dispute over 2826 square kilometres of land around Cape York Peninsula has ended with the Federal Court recognising two native title claims. Minister for Indigenous Affairs, Nigel Scullion, said the first determination, delivered in Cairns recognises native title for the Wuthathi, Kuuku Ya'u and Northern Kaanju peoples for the 'Bromley' claim (29 April 2015). More...

Published – articles, papers, reports – National

The state of Australia's soils
Future Directions International
Several degraded soil conditions are currently causing environmental and economic concern in Australia, including acidification, erosion, salinity, depletion, structural decline and compaction (30 April 2015). More...

ACCC Carbon Monitoring Report - March Quarter 2015
The report covers the March 2015 quarter in the electricity, natural gas, synthetic greenhouse gas, landfill, construction material, manufacturing and domestic passenger air transport services industries (29 April 2015). More...

Foreign Investment Review Board annual report 2013-14
This report has been prepared in accordance with the Board's responsibility to advise the Government on foreign investment matters. It outlines the activities of the Board, provides a summary of the year's foreign investment proposals, contains an overview of the main provisions of the Foreign Acquisitions and Takeovers Act 1975 and a copy of Australia's Foreign Investment Policy (27 May 2015). More...

Published – articles, papers, reports – New South Wales

NSW economic update Autumn 2015
NSW Parliamentary Research Service; Andrew Haylen
While the NSW economy is currently in a relatively strong headline position, largely off the back of the housing market, other areas of the State economy will need to perform over the longer run if economic growth and improved labour market outcomes are to be sustained once the housing sector slows (30 April 2015). More...

In Practice and Courts - National

20 Million Trees Service Providers
The Australian Government has engaged three service providers to deliver large-scale tree planting projects across Australia. The service providers are: CO2 Australia , Greening Australia and Landcare Australia (07 May 2015). More...

Gazette - Commissioner of Taxation – 05 May 2015
The Australian Taxation Office (ATO) will acquire details of foreign investors that apply to the Foreign Investment Review Board to purchase residential or agricultural land in Australia for the 2010-11 to 2015-16 financial years.

ACCC: input into review of water charge rules in the Murray-Darling Basin
The ACCC has released its issues paper seeking submissions on possible amendments to the Commonwealth water charge rules (04 May 2015). More...

Threatened Species Summit 2015
The Australian Government will host the Threatened Species Summit in Melbourne on 16 July 2015. More...

Australian Clean Energy Summit 2015, Hilton Sydney from 15 to 16 July 2015
This high-level event, formerly held as part of Clean Energy Week, will bring together industry decision-makers and key players to discuss the latest political, financial, business and technology developments impacting the renewable energy sector. More...

Draft varied Threat Abatement Plan for Predation by Feral Cats
The draft plan addresses the key threatening process 'Predation by Feral Cats' listed under the Environment Protection and Biodiversity Conservation Act 1999. More... More...

PIA National Congress – coming to Melbourne on 13-15 May 2015. You can register for Congress now and also register for the final event in the pre-Congress think-tank series: Session 3 – Delivery of Sustainable Cities – Making 'Great Places' on 23 April from 5.45pm.

PLANET courses
Cultural Heritage Management Plans – Working with the Aboriginal Heritage Act 2006 on 27 May and Cultural Heritage Management Plans – the field trip on 28 May.

PIA's Planning Congress is being held at the Melbourne Convention Centre on 13-15 May. For a limited time, get a FREE affiliate membership when you register – call 02 6262 5933 or email regoassist@planning.org.au to take up this offer.

In Practice and Courts – Victoria

Announcements, Draft Policies and Plans released 2015

Planning system online
Using Victoria's Planning System has been updated and is now available online. This technical guide assists regular professional users of the planning system as well as those with occasional contact with it (07 May 2015).

The Victoria State Budget was released on 05 May 2015.
The 2015-16 Victorian Budget includes $50 million for the Stronger Regional Communities Plan to allow councils to efficiently and expertly make decisions on complex planning applications. The funds will be directed to Rural Councils Victoria. State-significant heritage places will be audited as part of the $150,000 Living Heritage grant. More...

In Practice and Courts – New South Wales

Announcements, Draft Policies and Plans released 2015 Review of certification and building laws: discussion paper The review will look at whether the certification and building regulation system is functioning as well as it should and suggest recommendations for improvement. Submissions to the Review close 12 June (04 May 2015).

Legislation – National

Water Amendment (Interactions with State Laws) Regulation 2015 (No. 1) SLI 2015 No. 59
06/05/2015 - This regulation amends the Water Regulations 2008 to provide an extended period of transitional recognition for the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010 (NSW). More...

Legislation – Victoria

Bills

National Parks Amendment (Prohibiting Cattle Grazing) Bill 2015
Legislative Council 5/5/2015 Read a third time, passed all stages and awaiting assent.

Statutory Rules

No. 28: Architects Regulations 2015
Date of Making: 28/04/2015 Commencement: 19/05/2015: reg. 3 Not yet in operation: Regs 1-45: on 19/05/2015: reg. 3 Sunset Date: 28/04/2025.

[Draft] Liquor Control Reform (Wholesale Liquor Supply Information) Regulations 2015
The government is proposing to make regulations to apply the new Gambling and Liquor Legislation Further Amendment Act 2014, in particular to prescribe the reporting requirements and a Ministerial Order to exempt small businesses. 30/04/2015. The purpose of the consultation paper is to seek feedback from stakeholders on the draft regulations (Appendix 2) and Ministerial Order (Appendix 1).

Cases - Victoria

D'Aquino (as trustee of the D'Aquino Endowment Trust) & Ors v Trovatello & Ors [2015] VSCA 78
PRACTICE AND PROCEDURE — Summary judgment – Claim for damages for continuing nuisance — Defence based on Limitation of Actions Act 1958 — Whether claim had 'no real prospect' of overcoming limitations defence within meaning of s 63 of Civil Procedure Act 2010 — Inadequate evidence before trial judge to give summary judgment — Appeal allowed. TORT — Nuisance — Damage alleged to be attributable to state of affairs commencing prior to limitation period and to subsequent conduct — Darley Main Colliery Co v Mitchell (1886) 11 App Cas 127; Sutherland Shire Council v Heyman [1985] HCA 41; (1985) 157 CLR 424, considered. This appeal concerns a dispute which arose after a concrete slab was cast on land in Thornbury in about May 2002. More...

CRG Nominees Pty Ltd v Department of Economic Development Jobs Transport and Resources [2015] VCAT 564
Compulsory acquisition of land associated with regional rail projects; valuation dispute; dispute referred to Tribunal for resolution; initial hearing but further hearing days required, residential development and impact of railway and stabling yards, dispute over extent of loss of market value, solatium and what pre-referral expenses should be reimbursed. More...

18 Porter Street Pty Ltd v Stonnington CC [2015] VCAT 553
Section 79 Planning and Environment Act 1987 – Stonnington Planning Scheme – Mixed Use Zone – 8 storey building – 26m in height – 114 dwellings – strategic context – building mass and scale - external amenity impacts – overlooking – use of screening – internal amenity impacts – size of dwellings – access to daylight - landscaping – car park design and layout; no permit. More...

Renaissance Parquet v Manshtein (Costs) (Civil Claims) [2015] VCAT 546
CIVIL CLAIM–Costs–Section 109 Victorian Civil and Administrative Tribunal Act 1998 – apportionable claim pursuant to Part IVAA of the Wrongs Act 1958–inability of respondents to agree on contribution between themselves–found to have been unreasonable in the circumstances–found to have contributed to the length and cost of the proceeding–consideration of other factors relevant to exercise of discretion–costs ordered to be paid on standard basis. Mr Manshtein made a claim against the respondents for $26,565 arising from a defective parquetry floor supplied by Renaissance, and laid by Mr Androsov at Mr Manshtein's home in Toorak. More...

Itris Corporation Pty Ltd v Florina Furniture Pty Ltd (Civil Claims) [2015] VCAT 544
Liability for repairs under commercial lease, purchase of business as going concern, new lease prepared but leasing premises "as is", tenant had seen premises beforehand, subsequent water leaks and electrical issues, any contribution to failure of business within 8 months after entering into possession of premises and taking over business. More...

Florina Furniture Pty Ltd v Itris Corporation Pty Ltd (Civil Claims) [2015] VCAT 543
Liability for repairs under commercial lease, purchase of business as going concern, new lease prepared but leasing premises "as is", tenant had seen premises beforehand, subsequent water leaks and electrical issues, any contribution to failure of business within 8 months after entering into possession of premises and taking over business - enforceability of guarantee against guarantor where guarantor wrote name and address but did not include actual signature, circumstances surrounding execution of lease and guarantee,. s 126 of Instruments Act. More...

Ridgeway v Melbourne CC [2015] VCAT 525
Sections 80 & 82 of the Planning & Environment Act 1987; Melbourne Planning Scheme; demolition of part of a C graded building; whether proposed works will impact the significance of a heritage place; appropriateness of off-campus student accommodation use; amenity impacts from student accommodation. More...

Lu v Whitehorse CC [2015] VCAT 524
Section 22 Valuation of Land Act (1960); valuations too high; expert witness, median; use of statutory valuations. More...

Toman v Seacliff Management Pty Ltd (Civil Claims) [2015] VCAT 512
Retirement village fees – whether increases in fees exceeded a permissible 'adjusted maintenance charge' – Retirement Villages Act 1986 s 38, Retirement Villages (Contractual Arrangements) Regulations 2006 reg 8A. Retirement village management – contractual requirement to employ an on-site manager – whether the Aged Care Award 2010 applied to the employment – whether presence of the on-site manager '24-7' was required. Retirement village accounting – whether financial statements given to residents were adequate – Retirement Villages Act 1986 s 34. More...

Seacliff Management Pty Ltd v Acciaccarelli (Owners Corporations) [2015] VCAT 508
Retirement village fees – whether increases in fees exceeded a permissible 'adjusted maintenance charge' – Retirement Villages Act 1986 s 38, Retirement Villages (Contractual Arrangements) Regulations 2006 reg 8A. Retirement village management – contractual requirement to employ an on-site manager – whether the Aged Care Award 2010 applied to the employment – whether presence of the on-site manager '24-7' was required. Retirement village accounting – whether financial statements given to residents were adequate – Retirement Villages Act 1986 s 34. More...

Balonyi v Commisioner of State Revenue (Review and Regulation) [2015] VCAT 509
Review and Regulation List – Duties Act 2000 – transfer or transaction concerning dutiable property – "dutiable value" of dutiable property" – consideration for the transfer of dutiable property – Duties Act 2000 s21(3) - "off the plan" duty concession - whether the consideration for transfers of land excludes amounts paid or payable for construction of buildings to be constructed on the land after the dates of the contract of sale – dates of execution of contracts of sale – Duties Act 2000 s36B – whether no duty chargeable in respect of transfers of dutiable property subject to a unit trust scheme – exclusion of sales or other arrangements where there is consideration for transfers – transfer part of a sale - Duties Act 2000 s36C - effect of mortgages given by unitholders – Taxation Administration Act 1997, s110, 111(2). More...

Australian AC Property Pty Ltd v Boroondara CC [2015] VCAT 521
Visual amenity, the effect of a minor change to an already prominent built form. The proposal seeks permission for a number of quite minor alterations to the existing residential aged care facility including some small extensions to its floor area. Clause 32.0-5 – Extend a Residential building. More...

Townshend Trafford Property Pty Ltd v State Revenue Office (Review and Regulation) [2015] VCAT 550
Review and Regulation List – Aggregation of different land pursuant to contracts of sale – whether substantially one transaction – whether discretion should be applied – Duties Act 2000, s.24. More...

Small Business Commissioner reference for advisory opinion (Building and Property) [2015] VCAT 478
Retail premises lease – Essential safety measures – Commercial tenancies – Required building work – Provision of essential safety measures – Statutory requirements – Freedom of contract – Inconsistency – Test for inconsistency – Contracting out – Statutory purpose or policy – Circuitous device to avoid compliance – Circumvention of compliance – Building regulations – Smoke alarms – Smoke detection systems – Owner's responsibilities under a retail premises lease – Tenant's responsibilities under a retail premises lease - Maintenance – Repairs – Condition of the premises when the retail premises lease was entered into – Misuse by tenant - Tenant's fixtures – Urgent repairs – Capital costs – Outgoings – Legal expenses – Other expenses – Building Act 1993 (Vic) s 1, 3, 4, 250, 251 - Building Regulations 2006 (Vic) - Building (Interim) Regulations 2005 (Vic) – Building Regulations 1994 (Vic) – Retail Leases Act 2003 (Vic) s 1, 3, 29, 30, 39, 41, 46, 47, 48, 51, 52, 94 - Retail Leases Regulations 2013 (Vic) – Building Control Act 1981 (Vic) s 173 – Caltex Oil (Aust) Pty Ltd v Best [1990] HCA 53; (1990) 170 CLR 516. Small Business Commissioner – Advisory opinion – Reference of matters for advisory opinion – Principles as to whether advisory opinion should be given by Tribunal – Decision to give advisory opinion – Small Business Commissioner Act 2003 (Vic) s 11A; Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 125, 148(1). More...

H Y Ting and Sons Pty Ltd v MacDonald (Building and Property) [2015] VCAT 532
RETAIL LEASE-section 149 Victorian Civil and Administrative Act 1998–stay application–claim by applicant for possession and mesne profits–counterclaim for damages to be heard separately–orders made for possession and payment of mesne profits–application for stay pending hearing and determination of counterclaim–no application made for leave to appeal from orders pursuant to section 148(2) Victorian Civil and Administrative Act 1998–applicant wrongly contends that no such application can be made until stay obtained from the Tribunal–held that balance of convenience does not favour granting a stay–factors considered–stay application dismissed. More...

Epping Hotels Pty Ltd v Serene Hotels Pty Ltd [2015] VSC 104
RETAIL LEASES – Rent review – Matters relevant to rent reviews based on current market rent – Retail Leases Act 2003, s 37 – "Profits method" for determining current market rent for hotel premises – Sky City Adelaide Pty Ltd v Valuer-General [2009] SASC 289 – Whether regard may be had to a supplementary report from a specialist retail valuer – Invensys plc v Automotive Sealing Systems Ltd [2001] EWCA Crim 224; [2002] 1 All ER (Comm) 222 – Homespace Ltd v Sita South East Ltd [2008] EWCA Civ 1 – Dovastand Pty Ltd v Mardasa Nominees Pty Ltd [1991] VicRp 68; [1991] 2 VR 285. PRACTICE AND PROCEDURE – Appeal from Associate Justice granting leave to appeal decision of Victorian Civil and Administrative Tribunal – Appeal from decision of Victorian Civil and Administrative Appeal Tribunal – Victorian Civil and Administrative Tribunal Act 1998, s 148(1) – Supreme Court (General Civil Procedure) Rules 2005, rr 77.06 and 77.06.9 – Whether question of law – Mixed questions of law and fact. More...

Millington v Waste Wise Environmental Pty Ltd [2015] VSC 167
DAMAGES – Whether an award for damages should be GST-exclusive – Compensatory principle - The application of the "once-and-for-all" rule – Whether there is an obligation on a plaintiff to mitigate its loss – Taxable supply - Gagner Pty Ltd v Canturi Corporation Pty Ltd [2009] NSWCA 413; (2009) 236 FLR 401 – Peet v Richmond (No 2) [2009] VSC 585; (2009) 76 ATR 644 – Fulton Hogan Construction Pty Ltd v Grenadier Manufacturing Pty Ltd (in liq) [2012] VSC 358 – Provan v HCL Real Estate (1992) 24 ATR 238 – A New Tax System (Goods and Services) Act 1999 (Cth). APPEAL – Question of law – Nature of an appeal from the Magistrates' Court – Section 109, Magistrates' Court Act 1989. More...

White Rock Properties Pty Ltd v Commissioner of State Revenue [2015] VSCA 77
TAXATION — State revenue — Duties — Five testamentary trusts whose trust property comprised a one-fifth interest as tenants in common in three blocks of land — Testamentary trustees transferred all their interest in all the land to a corporate trustee and executed a partnership agreement under which the corporate trustee was appointed their agent — Testamentary trustees were shareholders and directors of corporate trustee — The land became the capital of the partnership and the testamentary trustees of each testamentary trust were issued with 100 units in the partnership — Partnership agreement empowered corporate trustee to develop and sell the land and stated that no partner was entitled to any particular partnership asset or part of the partnership capital. TAXATION — State revenue — Duties — Whether transfers of land from testamentary trustees to corporate trustee exempt from duty under ss 35(1)(a) or 33(3) of Duties Act 2000 — Whether transfers of land made to a trustee 'to be held solely as trustee ... of the transferor' — Whether partnership agreement and transfers gave rise to a new trust — Whether transfers made 'solely ... because of ... the appointment of a new trustee' or 'other change in trustees' and 'in order to vest the property in the trustees for the time being entitled to hold it' — Exemptions held not to apply — Comptroller of Stamps v Yellowco Five Pty Ltd [1993] VicRp 90; [1993] 2 VR 529, Commissioner of State Revenue v Victoria Gardens Developments Pty Ltd [2000] VSCA 233; (2000) 46 ATR 61 applied. TAXATION — State revenue — Duties — Dutiable value and unencumbered value of dutiable property — Duties Act 2000 ss 20(1) and 22(1) — Whether transfers conveyed 'bare legal title' with nil value — Dutiable value held not to be nil — Vopak Terminals Australia Pty Ltd v Commissioner of State Revenue [2004] VSCA 10; (2004) 12 VR 351 distinguished — Commissioner of State Revenue v Lend Lease Funds Management Ltd [2011] VSCA 182; (2011) 33 VR 204 considered — Appeal dismissed. More...

Burgess v Mornington Peninsula SC [2015] VCAT 465
Section 80 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; permit granted allowing a dwelling/machinery sheds and associated works; permit condition requiring a Section 173 Agreement to be entered into, dealing with certain management aspects of the future use of the subject land; challenge to this permit condition granted by Tribunal. More...

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...

Johnson v Banyule CC (Includes Summary) (Red Dot) [2015] VCAT 444
VicSmart application – Relevant considerations. LOCATION OF PASSAGE OF INTEREST - Paragraphs 12 to 27. REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - PLANNING SCHEME – interpretation or consideration of VPP provision -VPP clauses 91, 92 & 93. CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory provisions is required or desirable. Clause 93.05-2 should be reviewed to consider whether decision guidelines under an overlay should be excluded from consideration by a responsible authority if decision guidelines under a schedule are specified. More...

Cases

QueenslandNateau Investments Pty Ltd v Pitt St Properties [2015] QSC 101
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where the parties met to attempt to resolve a dispute – where detailed consensus on certain issues was reached – where evidence the parties intended to act upon obligations immediately – where opinions had been expressed by the parties that an agreement had been formed – where draft documents consistent with the conclusions reached at the meeting were circulated – whether a legally binding agreement had been made. CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – STATUTE OF FRAUDS – NON COMPLIANCE WITH STATUTE – DEFENCE OR COUNTERCLAIM BASED ON CONTRACT – where s 59 of the Property Law Act 1974 applied – where counterclaim is an action brought for damages for breach of a contract of the sale of land; whether counterclaim an action brought on contract for sale of land within the meaning of s 59 Property Law Act 1974. DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT – REMOTENESS AND CAUSATION – GENERAL PRINCIPLES – whether the loss alleged to be suffered by the defendants was caused by the plaintiffs – whether the defendants proved the loss alleged to be suffered. 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.