Australia: Property & Projects - What's News - 13 July 2015

Last Updated: 21 July 2015
Article by Chris Lovell, Lou Farinotti and Steve Aitchison

Most Read Contributor in Australia, September 2017

In the media – National

Record-breaking building approvals to aid housing affordability
Building approvals continue their unbroken upward trajectory, hitting new records over the past 12 months, according to the latest data released 1 July from the ABS (01 July 2015). More...

New report debunks negative gearing and CGT myths: PCA
Around a third of all new home dwelling construction is financed by investors, according to a new report commissioned by the Property Council of Australia and Real Estate Institute of Australia (30 June 2015). More...

Historic Rocks Precinct Emerges As Innovative Industries' Hub
NSW Minister for Finance, Services and Property announced the approval of a new lease in The Rocks, as the precinct's transformation takes shape. Global professional services firm, Boston Consulting Group Digital Ventures, will enter a 10 year lease over premises in 80 George Street as it grows its business internationally (30 June 2015). More...

Green Star - Performance data to accelerate climate bond issuance in Australia
Australian property owners can now leverage Green Star – Performance data on greenhouse gas emissions to attract new sources of funds (29 June 2015). More...

Commonwealth Games Village targets gold level accessibility standards
All 1,170 apartments in the Parklands redevelopment will be built to Livable Housing Design Gold Level status (24 June 2015). More...

Senate Inquiry into Non-conforming Building Products Gets Green Light from Housing Industry
The Housing Industry Association (HIA) has welcomed the announcement of a Senate inquiry into non-conforming building products, following recent high profile product failures. The Committee will report to the Senate by 12 October 2015 (23 June 2015). More...

In the media – Victoria

VicSmart Online Guide now live
VicSmart is a streamlined planning permit assessment process for straightforward, low-impact applications such as simple land subdivisions as well as minor building and construction works (30 June 2015). More...

Taking politics out of infrastructure
A new independent body, established to guide Victoria's infrastructure and planning priorities and oversee growth over the next 30 years, has been welcomed by the property industry (30 June 2015). More...

In the media – New South Wales

Water allocations announced
The Office of Water has released the Available Water Determinations for all NSW water access licence holders for the 2015/16 water year (01 July 2015). More...

Housing Approvals boost supply of new homes
Housing supply in NSW has received a major boost, with construction approvals soaring to levels not seen in 20 years. Official statistics from the ABS released today show that NSW recorded 5,374 dwelling approvals for the month (01 July 2015). More...

NSW home approvals at record levels but non- residential approvals are falling
The Australian Bureau of Statistics data on building approvals is positive for dwellings but is dipping for non-residential says, the Urban Taskforce (01 July 2015). More...

Budget provides $1 billion for simpler planning, and better infrastructure for NSW
Planning Minister Rob Stokes today announced that the NSW Budget will invest $1 billion over four years in planning for the homes, jobs and services NSW needs for the future and making the system simpler and more efficient. This is part of the NSW Government's record $4.5 billion investment in the Planning and Environment cluster over four years (23 June 2015). More...

In the media – Queensland

New water plan delivers for growers
New water rules for the Pioneer Valley that take effect today (1 July 2015) will tackle salination and give canegrowers flexibility to grow their businesses. The revised plan also puts in place a long-term strategy to tackle seawater intrusion, which has left many local freshwater bores highly saline and unusable (01 July 2015). More...

Helping hand for first homebuyers in sunshine state
The Queensland Government's decision to maintain the $15,000 first home owner construction grant keeps the door open for first homebuyers in Queensland and provides a boost for the state economy (30 June 2015). More...

Tender process starts for Port of Abbot Point expansion
Minister for State Development is calling for expressions of interest from suitably qualified companies to undertake the dredging works and construct the dredged material. The great majority of this workforce is expected to be sourced locally (24 June 2015). More...

Moreton Bay new draft planning scheme approved for public consultation
Moreton Bay Region residents are being encouraged to find out more about the future of their region with the upcoming release of Moreton Bay Regional Council's new draft planning scheme (24 June 2015). More...

In Practice and Courts – National

CBD Program changes from 1 July 2015
The COAG CBD Program requires energy efficiency information to be provided when commercial office space of 2000 square metres or more is offered for sale or lease Amendments have recently been made to the Building Energy Efficiency Disclosure Act 2010. Act and were made effective from 1 July 2015.

In Practice and Courts – Victoria

Changes to commercial building energy efficiency disclosure
Amendments to the Building Energy Efficiency Disclosure Act 2010 and its subordinate legislation will come into effect on 1 July 2015, introducing new categories of exception and exemption from disclosure obligations. More...

Inquiry on the Planning and Environment Amendment (Recognising Objectors) Bill 2015
The Bill proposes to amend the Planning and Environment Act 1987 so VCAT or the planning authority will consider the number of objectors and the effect of these proposed changes when determining if a proposal has a significant social effect. The Committee is required to report by 4 August 2015. More...

Metropolitan Planning Levy
New provisions in the Planning and Environment Act 1987 require a levy payment prior to making a planning permit application for developments valued at over $1 million within metropolitan council areas. These provisions commence 1 July 2015. More...

Cases - Queensland

Arglen Pty Ltd v Jacarta Pty Ltd [2015] QDC 162
LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENT – CONSTRUCTION AND INTERPRETATION – where the plaintiff exercised its option under a retail shop lease to extend the lease term – where the plaintiff and defendant are in dispute as to the rent applicable to the premises for the extended term – where the lease provides a mechanism for rent review – where the defendant's letter to the plaintiff did not constitute a valid notice pursuant to clause 3.3 of the lease – where the parties remain in dispute as to the quantum of rent payable – where the Retail Shop Leases Act 1994 sets out a regime for parties who cannot agree – whether to make order for declaration that the plaintiff is entitled to negotiate the rent for the renewed term of the lease. More...

Blue Angel Investments Pty Ltd t/as Salt Seafood Bar and Grill v Beach Plaza Pty Ltd [2015] QCAT 230
RETAIL SHOP LEASE – APPLICATION FOR INTERIM ORDER – where dispute in regard to amounts payable under lease for outgoings or services – allegations of breach of covenant for quiet enjoyment – whether jurisdiction to make interim order – whether allegations of breach of covenant for quiet enjoyment require interim order. Gosbell v Linehurst Pty Ltd [2015] QCAT 74. More...

ATB Morton Pty Ltd v Sentinel Property Group Pty Ltd [2015] QSC 180
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where the applicant sought to remove a caveat claiming an equitable interest in property being an unregistered option to purchase granted by the registered owner – whether the caveat removal application raised questions of fact for determination at a trial. EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – SERIOUS QUESTION TO BE TRIED – GENERALLY – where the applicant sought to remove a caveat claiming an equitable interest in property being an unregistered option to purchase granted by the registered owner – whether there was a serious question to be tried as to whether the exchange of correspondence between the parties constituted an enforceable contract – whether there was a serious question to be tried as to whether there had been an election by the respondent to forgo any rights to specific performance of the contract alleged by the conduct of its employees – whether the alleged unsuitability of the respondent's undertaking as to damages justified removal of the caveat. 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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