Australia: Property & Projects - What's News - 2 June 2015

Last Updated: 9 June 2015
Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Most Read Contributor in Australia, September 2016

In the media – National

Green bonds: ANZ joins the global rush
ANZ HAS announced it would in the next two weeks issue its first green bond, joining NAB, Westpac and Stockland with a product that continues to storm global investment markets (22 May 2015). More...

Big business looking to voluntary carbon market for offsets
More than 90 per cent of the country's biggest polluters are undertaking voluntary emissions reductions regardless of government policy measures like the Emissions Reduction Fund, according to a new survey from the Carbon Market Institute in conjunction with RMIT (21 May 2015). More...

Water market reforms continue to deliver benefits to irrigators
The Australian Competition and Consumer Commission has publicly released its fifth Water Monitoring Report. This report will help inform its current review of the Commonwealth's water charge rules. (21 May 2015). More...

Record housing construction forecast to continue for F2016
New analysis of key residential development market indicators released this May points to continued record levels of housing construction into the 2016 financial year (21 May 2015). More...

ASIC updates guidance for carbon market participants
ASIC today released updated regulatory guidance for carbon market participants. Given the broad range of financial services that may be provided in carbon markets, ASIC encourages carbon market participants to obtain their own professional advice on how the Corporations Act and other applicable laws apply to their particular circumstances (20 May 2015). More...

The RET is set by Government
The bipartisan deal has set the RET at 33,000 gigawatts, lower than the 41,000 gigawatts Labor wanted, exempted trade-exposed industries such as aluminium smelting from the target and called for annual reports from the Clean Energy Regulator on the impact of the scheme on electricity prices and progress towards the target (19 May 2015). More...

Public consultation on transition of Carbon Farming Initiative methods into the Emissions Reduction Fund
The transitioning methods are being updated to ensure that they are consistent with the Emissions Reduction Fund legislation, easy to use and more streamlined (19 May 2015). More...

Hunt signs Great Barrier Reef permanent and historic dredge disposal ban
Regulations to implement the Coalition's historic ban on the disposal of capital dredge material in the Great Barrier Reef Marine Park have been signed off by the Government. In finalising the new regulations, the Government has taken into account more than 7000 submissions received as part of a thorough consultation process (17 May 2015). More...

Inquiry On Home Ownership
The House of Representatives Economics Committee has announced a new inquiry into home ownership. The Chair of the Committee, John Alexander, said that home ownership is an issue that lies at the core of the Australian dream and represents the largest investment that most taxpayers will make during their lifetime. The Committee invites submissions to the inquiry by Friday 26 June 2015, and the proposed reporting date is 03 December 2015(13 May 2015).

Climate Bonds and NABERS launch in Australia
Climate Bonds and NABERS open doors for Australian property owners into lucrative international bond finance. The Climate Bonds Standard for Low Carbon Green Buildings has been launched and Australian buildings are in an unmatched position to lead the world in attracting low-carbon investment (13 May 2015). More...

Budget ignores cities and climate change
With no plan for city infrastructure and no additional funding to tackle climate change or sustainable building upgrades, the 2015 Budget is one of missed opportunities, says the Green Building Council of Australia (GBCA) (13 May 2015). More...

NHMRC receives 4 applications for wind farm research grants
The National Health and Medical Research Council has received applications from four institutions for its targeted call for research funding into the health impacts of wind farms (11 May 2015). More...

In the media – Victoria

Recognising Objectors Bill introduced to give communities a fair go
The Government has tabled the Recognising Objectors Bill 2015 in Parliament which seeks to add a new decision-making consideration into the Planning and Environment Act 1987 requiring responsible authorities and the Victorian Civil and Administrative Tribunal (VCAT) to have regard to, where appropriate, the number of objectors to a permit application when considering whether the proposal may have a significant social effect. More

$570 Million In Apartments Approved For Fishermans Bend
More than half a billion dollars worth of development has been approved for Fishermans Bend, allowing more people to live closer to Melbourne's CBD (22 May 2015). More...

ACCC will not oppose Federation Centres' proposed acquisition of Novion Property Group
The ACCC has announced that it will not oppose Federation Centres' proposed acquisition of Novion Property Group after accepting court-enforceable undertakings from the parties to divest one of their shopping centres in South East Melbourne (21 May 2015). More...

Public Review Of The EPA To Commence
The public review of Victoria's Environment Protection Authority (EPA) is about to commence, with the appointment of an advisory committee led by former Secretary of the Department of Justice, Penny Armytage. The review will examine the powers and resourcing of the state's environmental regulator (20 May 2015). More...

Heritage Protection For Former Ballarat Orphanage
The former Ballarat orphanage and school will receive heritage protection, making way for new development while conserving a historic site near the Ballarat CBD (20 May 2015). More...

National Stronger Regions Fund: Round Two now open
Local councils and incorporated not-for-profit organisations can now apply for funding of between $20,000 and $10 million for capital infrastructure projects under Round Two of the $1 billion National Stronger Regions Fund (21 May 2015). More...

New guidelines increase transparency around EPA's decision making process
New guidelines explaining the Section 30A approvals process have increased certainty and transparency around Environment Protection Authority Victoria's (EPA) decision making process (20 May 2015). More...

Fewer Trucks On Local Streets In The Inner West
The Andrews Labor Government is taking the first steps to reduce truck traffic on local streets in the inner west. Seven construction companies have been shortlisted to build the West Gate Distributor Stage 1. The Expressions of Interest process closed late February with submissions received from a strong field (18 May 2015). More...

Victoria Puts RET Back On The Agenda To Secure Jobs
The Andrews Labor Government has today called on the Federal Government to remove section 7c from the Renewable Energy (Electricity) Act 2000 (Cth), which prevents State Governments from having their own schemes similar to the Renewable Energy Target (RET) (14 May 2015). More...

Melbourne City Council executive calls for more high-rise living in leafy suburbs
A Melbourne City Council executive has called for increased density and development to be forced on leafy middle suburbs and warned that expanding cities were "failing on the fringe" (14 May 2015). More...

Housing affordability tax update
On Monday 11 May the Property Council, the RDC and the UDIA met with the Victorian Treasurer to discuss the recently announced changes to Victorian stamp duty and land tax (The State Taxation Acts Amendment Bill) (14 May 2015). More...

PCA: Essential Services Measures Advisory Opinion
On 1 May, VCAT handed down an Advisory Opinion in relation to costs associated with the maintenance of essential service measures (ESMs) (14 May 2015). More...

Property owners face dramatic Fire Services Property Levy rise
Property owners will be hit with a 7.2 per cent rise in their Fire Services Property Levy this year. This has sparked calls from the Victorian Farmers Federation for the Victorian Government to cap FSPL rises at the Consumer Price Index in the same way it is capping council rates (12 May 2015). More...

In the media – New South Wales

Barangaroo Design Advisory panel appointed
An independent design advisory panel has been established to provide expert planning advice for the assessment of the Barangaroo precinct. The appointment of the panel will assist the Department of Planning and Environment to assess modifications to the Barangaroo concept plan (20 May 2015). More...

Heritage funding boost
Owners, councils and community groups involved with conserving places of significant heritage in NSW will benefit from extra funding provided to the National Trust (18 May 2015). More...

Minimum apartment sizes to be confirmed
Planning Minister Rob Stokes today confirmed that the NSW Government will retain minimum apartment sizes to provide clarity for the community, councils and industry. The minimum apartment sizes for studios, one, two and three bedroom apartments will be: Studios 35m2; 1 bedroom apartments 50m2; 2 bedroom apartments 70m2; 3 bedroom apartments 90m2(15 May 2015). More...

James Packer's Crown could face legal challenge over Barangaroo, Echo Entertainment says
Echo said a social impact assessment would help to gain an overall environmental view of Crown's proposal and included a legal assessment that said the modifications "would be open to judicial review proceedings in Class 4 of the Land and Environment Court's jurisdiction" (12 May 2015). More...

In the media – Queensland

Logan City Council endorses new planning scheme
The new planning scheme provides one clear vision for the Logan City Council area, combining the three different planning schemes that were operating as a result of local government amalgamations in 2008. Councillor Cherie Dalley (Division 8) said "Not only will this provide a new vision of the City of Logan and deliver greater consistency in regulation, it will also simplify the rules around planning and reduce red tape." (19 May 2015). More...

Published – articles, papers, reports – National

Australian Parliamentary Service Budget Guides (11 May 2015)

Budget Review 2015–16

The Budget: a quick guide

In Practice and Courts - National

Public consultation: transition of Carbon Farming Initiative methods into the Emissions Reduction Fund: Department of the Environment
Public consultation is now open on the transition of nine Carbon Farming Initiative methods into the Emissions Reduction Fund, as foreshadowed in the Emissions Reduction Fund White Paper. Seventeen legacy Carbon Farming Initiative methods have now been superseded by new methods covering the same activities (19 May 2015). More...

CRC Review: focus on growth through innovation and collaboration
A new CRC Advisory Committee will be appointed to implement the recommendations of the review and to oversee the revised CRC Programme (19 May 2015). More... More...

Revised ASIC guide for carbon market participants
ASIC has updated regulatory guidance for carbon market participants to reflect changes to the structure of Australia's carbon market. Do I need an AFS licence to participate in carbon markets? (Regulatory guide 236) provides advice on how current financial services laws apply to carbon market activities under the Emissions Reduction Fund and safeguard mechanism (21 May 2015).

Budget 2015-16 - 12 May 2015
The Treasurer, The Hon Joe Hockey MP, has released the Australian Government's 2015–16 Budget. More...

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. Submissions should be provided to the ACCC by Friday 26 June 2015 (04 May 2015). More...

House of Representatives Standing Committee on the Environment: Inquiry into the Register of Environmental Organisations
The terms of reference inquire into and report on the administration and transparency of the Register of Environmental Organisations and its effectiveness in supporting communities to take practical action to improve the environment. Submissions addressing one or more of the terms of reference close 21 May 2015. More...

In Practice and Courts – Victoria

Announcements, Draft Policies and Plans released 2015

AER commences review of network charges in Victoria for the next five years
The AER has received regulatory proposals from the five electricity distribution service providers in Victoria. These set out the revenues the businesses propose to collect from electricity consumers through distribution charges for the next five year period—that is, 2016 to 2020 (20 May 2015). More...

SRO Victoria: Metropolitan Planning Levy (MPL)commences 1 July 2015
From 1 July 2015, all planning permit applications for projects in metropolitan Melbourne with an estimated development (construction) cost of more than $1 million will be levied $1.30 for each $1000 of the estimated development cost (21 May 2015). More...

Planning Permit Activity Report 2015
The Planning Permit Activity Report for April 2015 is now available (21 May 2015).

Property Alert
The new Planning and Environment Regulations 2015 were made by the Governor in Council on 12 May 2015 and will come into operation on 16 May 2015. More...

EPA public inquiry set to commence 1 June 2015
A major public inquiry into Environment Protection Authority (EPA) will commence on 1 June 2015 (20 May 2015). More...

Better Apartments
The government has released 'Better Apartments - A Discussion Paper' as part of a broad consultation to better understand community and stakeholder views on the internal design amenity of apartments (14 May 2015). More...

Expressions of Interest for Fishermans Bend Advisory Committee
The Minister for Planning is currently seeking expressions of interest for a Chairperson and seven committee members to form an advisory committee to provide advice on the preparation of detailed plans for Fishermans Bend. Applications close on 28 May 2015 (14 May 2015).

Seminar: The Housing Equation: From pilot to policy implementation; affordability, availability and an apartment code
VPELA is holding a seminar on The Housing Equation: From pilot to policy implementation; affordability, availability and an apartment code on Wednesday 3 June 2015.

Seminar: Constraints and Opportunities for Melbourne's Urban Renewal
VPELA is holding a seminar on Constraints and Opportunities for Melbourne's Urban Renewal on Thursday 28 May 2015.

Legislation – National

Great Barrier Reef Marine Park Amendment (Special Management Areas) Regulation 2015 SLI 2015 No. 68
20/05/2015 - This regulation amends the Great Barrier Reef Marine Park Regulations 1983 to add a new type of Special Management Area, the Maritime Cultural Heritage Protection Special Management Area (the MCHP SMA) and declare two areas in the Great Barrier Reef Marine Park to be MCHP SMAs. More...

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2015 (No. 4)
19/05/2015 - This instrument amends the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to set new and varied MRLs and make other changes to the Tables with respect to certain residue definitions, commodities and substances. More...

Personal Property Securities (Fees) Determination 2015
13/05/15 - This instrument determines the fees payable and also specifies the kinds of arrangements for the payment of fees that may be approved by the Registrar of Personal Property Securities (the Registrar) under subsection 190(4) of the Personal Property Securities Act 2009. It does not list those matters that do not incur a fee. More...

Carbon Credits (Carbon Farming Initiative—Reforestation and Afforestation 2.0) Methodology Determination 2015
13/05/2015 - This determination streamlines the earlier method released for use under the Carbon Farming Initiative in mid 2012. It sets out the detailed rules that landholders can use to cut their emissions by planting trees. More...

Legislation – Victoria

Acts assented

No. 16: National Parks Amendment (Prohibiting Cattle Grazing) Act 2015
Assent: 12/05/2015 SG (No. 107) 12/5/2015 p. 1 Commencement: 13/05/2015: s. 2

No. 16: National Parks Amendment (Prohibiting Cattle Grazing) Act 2015
Assent: 12/05/2015 SG (No. 107) 12/5/2015 p. 1 Commencement: 13/05/2015: s. 2

No. 28: Architects Regulations 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. More...

Cases - Victoria

Equity-One Mortgage Fund Ltd v Pepe & Anor [2015] VSC 161
CONTEMPT – Disobedience of injunction – Date of service of order – Supreme Court (General Civil Procedure) Rules 2005 rr 75.05, 75.11(1). PRACTICE – Real property – Warrant of possession – Execution of previous warrants of possession – Defendant re-entering property – Further warrant issued – Supreme Court (General Civil Procedure) Rules 2005 rr 1.15, 69.03. More...

Titles Strata Management Pty Ltd v Nirta & Ors [2015] VSC 187
EVIDENCE – Standard of proof – Civil proceedings – Whether signatures were forged – Strength of evidence required to meet standard – Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 applied. EVIDENCE – Credibility and weight – Party's failure to adduce evidence on fact in issue – Adverse inference – Application of Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298. PRINCIPAL AND AGENT – Whether finance broker agent of lender – Whether broker acting for borrower or lender – Sub-agent. REAL PROPERTY – Torrens system – Registration – Indefeasibility of title – Exception in case of fraud – Forged signature – Transfer of Land Act 1958 s 42 – Followed Perpetual Trustees Victoria Ltd v Xiao and anor [2015] VSC 21 – Fraud not imputed to lender – Russo v Bendigo Bank Ltd [1999] VSCA 108; [1999] 3 VR 376, Macquarie Bank Ltd v Sixty Fourth Throne Pty Ltd [1998] 3 VR 133, Pyramid Building Society (in liq) v Scorpion Holdings Pty Ltd [1998] 1 VR 188, Beatty v Australian and New Zealand Banking Group Ltd [1995] VicRp 57; [1995] 2 VR 301 and Australian Guarantee Corporation Ltd v De Jager [1984] VicRp 40; [1984] VR 483 considered. REAL PROPERTY – Torrens system land – Whether registered mortgage secures amount owing under forged loan agreement – Perpetual Trustees Victoria Ltd v Xiao and anor [2015] VSC 21 followed and applied – Solak v Bank of Western Australia Ltd [2009] VSC 82 not followed. SUBROGATION – Whether third party payer of an extinguished debt entitled to the benefit of all contractual rights of previous lender – Equitable remedy – Held: not entitled to interest at rate of previous lender. PRACTICE AND PROCEDURE – Interest – Penalty Interest Rates Act 1983 (Vic) s 2 – Supreme Court Act 1986 (Vic) s 58 – Whether 'good cause to the contrary' for not awarding interest on the statutory basis – Whether rate of interest should be calculated on a simple or compounding basis – Talacko v Talacko [2009] VSC 579 applied. CONTRACT – Default Interest Clause – Penalty – Robophone Facilities Ltd v Blank [1996] 1 WLR 1428 applied. REAL PROPERTY – Claim under s 110 of Transfer of Land Act 1958 (Vic) – Joint tenants – Registration of mortgage – Signature of one mortgagor forged – Whether loss crystallises before severance of joint tenancy. More...

Southage Pty Ltd v Vescovi [2015] VSCA 117
RESTITUTION — Money paid under mistake of fact — Whether order for restitution would be unjust — Change of position on faith of receipt — Whether recipient acted in good faith on assumption entitled to deal with payment — Where third party forged respondent's signature on loan and mortgage documentation —Where appellant money lender advanced funds to third party in mistaken belief respondent had given security —Third party used lent funds to pay deposit under contract of sale for other land without respondent's knowledge — Respondent nominated as purchaser and used land as security for mortgage — Where respondent would not have entered mortgage without belief third party paid deposit with own funds — Mortgage entered on faith of receipt — Whether recipient would be in worse position if ordered to make restitution than if funds never received — Where land subsequently sold and respondent retained no proceeds of sale — Unjust to order restitution — David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; (1992) 175 CLR 353 — Australian Financial Services and Leasing Pty Limited v Hills Industries Limited [2014] HCA 14; (2014) 307 ALR 512. More...

Owners Corporation 2 v MAV Group Pty Ltd (Building and Property) [2015] VCAT 661
Abandonment of application for joinder – application for costs by proposed party. The first respondent must pay the costs of ECM Group Pty Ltd ('ECM') of and incidental to the first respondent's application to join ECM as a party to the proceeding - first respondent builder entered into a contract with Rose Anna Pty Ltd for the construction of a three storey residential building on top of existing commercial premises - applicant owners' corporation commenced these proceedings seeking orders for the payment of damages for, or the rectification of, allegedly defective building work by the builder. More...

Ternovsky v Kirishian (Civil Claims) [2015] VCAT 657
Construction of new home; no written contract; applicant proceeds as owner-builder; licensed builder acts as project manager and is paid a management fee; applicant advances funds to project manager through manager's company for payment of contractors and suppliers; project manager dies before completion of construction; amount of advanced funds unaccounted for; recovery sought from estate of deceased manager and from company; relevant considerations about personal rather than company liability; sections 2,18,184 and 236 of Australian Consumer Law; restitution. More...

466-482 Smith Street Collingwood Pty Ltd v Yarra CC [2015] VCAT 643
To construct a mixed use multistorey building plus roof terrace over two basement levels (to accommodate storage and car parking) to accommodate dwellings, food and drink premises (cafe) and shops, use for dwellings, a reduction in car parking requirement and waiver of loading bay requirement. Commercial 1 Zone and subject to a Design and Development Overlay (Schedule 2) and a Special Building Overlay. More...

Van Der Linden v Bayside CC [2015] VCAT 627
Addition to Individually Significant Heritage House; Basement Ramp; Visibility of Addition. More...

Michaelides v Commissioner of State Revenue (Review and Regulation) [2015] VCAT 624
Review and Regulation List – Taxation – Duty on transfer of land – transfer of land from trustee to individuals – whether individuals holding land on trust – whether a change of trustee – Duties Act 2000 s.33. More...

Baldasso Cortese Pty Ltd v Melbourne CC [2015] VCAT 622
The construction and display of five banner signs, supported from the framing of existing first floor windows and centrally located within the Flinders Lane frontage. Application under section 80 of the Planning and Environment Act 1987 to review conditions in a permit. Capital City Zone (CCZ2), Heritage Overlay (HO506). More...

Whisper Properties (Australia) Pty Ltd v Monash CC [2015] VCAT 619
Tree Protection Zone. In light of this report, we accept that there would be sufficient compliance with the policies in the planning scheme, including clause 22.05 if the existing trees were removed from the site as is now proposed. Construction of two dwellings on a lot in accordance with the endorsed plans. More...

McMillan v Comissioner of State Revenue (Review and Regulation) [2015] VCAT 662
Review and Regulation List – First Home Owners Grant – failing to fulfil period of required occupancy – penalty – First home Owners Grant Act 2000 s 12. More...

Dravid Pty Ltd v Kremin Pty Ltd (Building and Property) [2015] VCAT 623
CO-OWNERSHIP–real property–section 233(3)(b) Property Law Act 1958–locks changed by co-owner, with subsequent failure to respond to requests by other co-owner to deliver set of keys–whether failure to provide a set of keys, together with other factors, meant that the latter had been "excluded from occupation of land". Section 233(2)(e) Property Law Act 1958–assessment of "an amount equivalent to rent" payable to co-owner excluded from occupation of the land. More...

Tadcaster Sorrento v Commissioner of State Revenue (Review and Regulation) [2015] VCAT 611
The application is dismissed and the land tax assessment of the applicant is confirmed. More...

Rosenwald v Hogg [2015] VSC 199
REAL PROPERTY – Restrictive Covenant – Construction – Whether covenant should be discharged – Whether covenant should be modified - Proceeding dismissed – Property Law Act 1958 (Vic) s 84(1). More...

Vic Hotel Pty Ltd & Ors v DC Payments Australasia Pty Ltd [2015] VSCA 101
PRACTICE AND PROCEDURE – Application for leave to appeal – Proposed ground that judge erred in refusing to find waiver of legal professional privilege by allegations in a pleading – Trial of Preliminary Question pursuant to O 47 of the Supreme Court (General Civil Procedure) Rules 2005 – Real prospects of success established – s 14C Supreme Court Act 1986.
EVIDENCE – Legal professional privilege – Waiver of privilege – Whether privilege waived by a pleading – Communications in respect of legal advice – Privilege holder alleging tort of inducing breach of contract – State of mind of person to whom communications made put in issue – Test for waiver by a pleading considered – Waiver established – s 122 Evidence Act 2010 – Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1; Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 followed. More...

Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd [2015] VSCA 98
BUILDING CONTRACTS – Bank performance security – Security for claims by proprietor acting reasonably – Application by contractor for interlocutory injunction to restrain recourse to security – Construction of security clause – Whether serious issue whether proprietor acting reasonably in seeking recourse to security – Whether serious issue to be tried as to validity of recourse notice – Balance of convenience. More...

Peninsula Blue Developments Pty Ltd v Frankston CC (Red Dot) [2015] VCAT 571
NATURE OF CASE- Clause 52.29 Land Adjacent to a Road Zone Category 1 or a Public Acquisition Overlay for a Category 1 Road. REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - PLANNING SCHEME – interpretation or consideration of VPP provision. Interpretation and application of clause 52.29 – meaning of "create or alter access to a road in a Road Zone Category 1" – scope of clause 52.29. More...

Cases - Queensland

MJ Arthurs Pty Ltd & Anor v Portfolio Housing Pty Ltd & Anor [2015] QCA 086
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – OTHER MATTERS – where from 2005 the second appellant and second respondent had undertaken building projects together – where the second respondent would identify building project opportunities and the second appellant would undertake the building work – where after the building construction was completed, the second appellant and second respondent would share net profits equally – where routinely, a corporate vehicle and a business trust structure were used to carry out each project – breach of construction contracts. More...

Davan Developments Pty Ltd v HLB Mann Judd (SE Qld) Pty Ltd [2015] QDC 121
Professional negligence – accounting advice and treatment of assets – whether "private" intentions for "limited development" of land – whether, if breach, there was causation. More...

Peulen & Anor v Agius & Anor [2015] QSC 137
CIVIL LAW – REAL PROPERTY – STATUTORY RIGHT OF USER – EASEMENT FOR RIGHT OF WAY – CREATION – where the applicants and respondents own adjoining land – where the applicants seek a statutory right of user over a portion of the respondents' land currently occupied by a driveway – where the driveway was utilised by previous owners of the tenement as the dominant form of vehicular access – where the alternative access for the property requires the establishment of a new driveway and the use of an unsealed road – where the utilisation of alternative access is uneconomic and inefficient – where there is minimal interference with the privacy, amenity, use and quiet enjoyment of the respondents' property is caused by the imposition of the statutory right of user – where there is a possibility that the local government authorities may not approve the registration of the proposed easement – whether the imposition of the statutory right of user is reasonably necessary in the interests of effective use of the land. CIVIL LAW – REAL PROPERTY – STATUTORY RIGHT OF USER – EASEMENT FOR RIGHT OF WAY – QUANTIFICATION OF COMPENSATION – where the applicants and respondents own adjoining land – where the applicants seek a statutory right of user over a portion of the respondents' land currently occupied by a driveway – where the driveway was utilised by previous owners of the tenement as the dominant form of vehicular access – where the imposition of the statutory right of user causes minimal diminution in the value of the servient tenement – where the imposition of the statutory right of user causes marginal interference with the privacy, amenity, use and quiet enjoyment of the servient tenement – where the imposition of the statutory right of user significantly augments the value of the dominant tenement – whether the compensation or consideration payable should be measured by reference to the augmented value of the dominant tenement or the loss caused to the owner of the servient tenement. More...

Hammercall Pty Ltd v Minister for Transport & Main Roads & Ors [2015] QSC 114
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that their objections were not heard by an authorised delegate – where there were two notices of intention to resume issued – where there were two objection hearings in relation to the notices – where there was a factual question as to the position held by the individual who heard the objections – where s 7(3)(e)(iii) of the Acquisition of Land Act 1967 provided that objections may be heard by the constructing authority or its delegate – whether the individual who heard the objections was an authorised delegate under the Transport Planning and Co-ordination Act 1994 and the Acquisition of Land Act 1967. STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – REFERENCE TO CONTEXT – where the applicant submitted that there were departures from the requirements of the Acquisition of Land Act 1967 – whether there was a legislative purpose to invalidate an act which failed to comply with the requirements of the Acquisition of Land Act 1967. REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that the Minister was not provided with the required information under s 9(3) of the Acquisition of Land Act 1967 – whether the application to the Minister met the requirements of s 9(3) of the Acquisition of Land Act 1967. STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WHOLE ACT TO BE CONSIDERED – whether the constructing authority under s 5(1)(a), (b) or (c) of the Acquisition of Land Act 1967. REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – PURPOSE OF ACQUISITION – where the applicant relied upon the fact that the land to be resumed would be used for both State and local government controlled roads – where the applicant relied upon the fact that part of the land to be resumed may have been used for the construction of a road that would provide access to a proposed quarry – where the applicant submitted that the land was being resumed for the purpose of an electricity provider laying cables on the land – where the applicant submitted that the resumption was for a 'future' purpose – taking of the land for the 'purposes of transport' – whether the notice of resumption was issued for a proper purpose under the Acquisition of Land Act 1967. REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the applicant relies upon the fact it did not have opportunity to reply to the written application to the Minister to take the land – whether the applicant was denied natural justice. More...

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Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.