Australia: Property & Projects - What's News? - 22 September 2015

Last Updated: 29 September 2015
Article by Chris Lovell, Lou Farinotti and Steve Aitchison

Most Read Contributor in Australia, September 2017

In the media – National

REIA: Another strong quarter for the residential market
The REIA says that Australia's housing market recorded strong growth in the June quarter of 2015, according to the latest REIA Real Estate Market Facts publication. The weighted average, capital city median price increased by 4.2% for houses and 3.3% for other dwellings (09 September 2015). More...

Once again, Australia's sustainable property portfolios lead the world
Australia and New Zealand continue to lead the world in sustainable real estate practices, according to the latest GRESB report (07 September 2015). More...

PCA: Economic growth hinges on strong property industry
Today's National Accounts underscore the central importance of a strong property industry if Australia's economy is to continue to grow, and make the case for reforms that will unlock more investment and job creation. Property is already Australia's biggest industry, contributing more to GDP than any other and directly employing 1.1 million people (02 September 2015). More...

In the media – Victoria

New Era for Melbourne's Central City Planning
The Government has embarked on the first overhaul of Melbourne's CBD planning since the late 1990s, to ensure the city maintains its character and celebrated livability, with the Minister for Planning Richard Wynne launching the central city planning review (05 September 2015). More...

In the media – New South Wales

Important milestone in local government reforms
Minister for Local Government Paul Toole today welcomed a key milestone in the Fit for the Future local government reforms, with the release of a report on the future direction of Joint Organisations (10 September 2015). More...

In the media – Queensland

Government's draft planning legislation continues reform agenda
The Palaszczuk Government has released its draft planning legislation and supporting regulatory instruments for public consultation. This includes the Planning Bill 2015, Planning and Environment Court Bill 2015, and Planning (Consequential) and Other Legislation Amendment Bill 2015 (10 September 2015). More...

Solar to drive a clean energy Queensland
The Palaszczuk Government has unveiled the next steps in building the Solar State, announcing that the renewable energy auction promised at the last election will exceed their election commitment of 40 megawatts by 50 per cent, and will also now be for solar projects only (09 September 2015). More...

LNG shipments hit $1 billion as Queensland merchandise exports soar
Queensland's liquefied natural gas (LNG) exports have hit $1 billion in just six months since shipments commenced. According to official Australian Bureau of Statistics data, the value of Queensland's overall merchandise exports is also accelerating. Treasurer Curtis Pitt said (04 September 2015). More...

In Practice and Courts – National

PPS Act amendment – PPS Lease 90 day rule
The Australian Parliament has recently passed legislation amending the Personal Property Securities Act 2009 (PPS Act) in order to reduce the number of lease transactions deemed to be 'PPS leases' under section 13(1)(e) of the Act. The Government is working toward commencement of the amendment on 1 October 2015. More...

In Practice and Courts – Queensland

Announcements, Draft Policies and Plans released 2015

Consultation: Great Artesian Basin water resource plan
The Palaszczuk Government has released proposals to be considered for a new plan for Queensland's share of Australia's biggest groundwater basin. Water from the Great Artesian Basin supports town water supplies, irrigated agriculture, grazing and resource ventures. The current plan expires on 1 September 2016. Submissions close 20 November 2015 (07 September 2015). More...

Contaminated land reforms - changes to assessment and management
Changes to the way contaminated land is assessed and managed in Queensland are expected to commence on 30 September 2015, when legislative changes passed by Parliament come into effect. These include changes under the Environmental Protection Act 1994, including those who wish to request a change to the status of land listed on the Environmental Management Register (EMR) or Contaminated Land Register (CLR). More...

Legislation – National

Foreign acquisitions and takeovers Bills referred to Committee, 24 August 2015
The Foreign Acquisitions and Takeovers Legislation Amendment Bill 2015, Foreign Acquisitions and Takeovers Fees Imposition Bill 2015 and Register of Foreign Ownership of Agricultural Land Bill 2015 have been referred to the Senate Economics Legislation Committee for inquiry and report by 12 October 2015.

Cases – Victoria

O'Toole v Kent [2015] VSC 470
SALE OF LAND ? Contract not expressed to be subject to finance ? Pre-contractual disclosure by purchaser of a dependence on funds overseas ? No negotiation or agreement of a protective condition ? Execution of contract by purchaser with knowledge of any such condition ? Default ? Assertion of implied term of being subject to finance ? Failure to file defence ? Default judgment ? No basis for an implied term or rectification or cognate defences ? Judgment not set aside. More...

Anchong Nominees Pty Ltd v Rafei (Building and Property) [2015] VCAT 1313
Retail Leases Act 2003 – recovery of outgoings from tenant - commission paid by the Landlord to its agent not outgoings – voluntary payment by Landlord for repairs to tenant's fixture without tenant's consent not recoverable. Order on the Applicant's claim that the Respondent pay to the Applicant $20,820.02. More...

HJ Corporation Pty Ltd v Nguyen (Building and Property) [2015] VCAT 1300
Retail Tenancies Act 2003; sections 61 and 62; assignment of lease by tenant; failure of tenant to give landlord and assignee a disclosure statement; effect of failure to do so on tenant's liability to landlord for assignee's failure to pay rent and building outgoings. The Respondents must pay to the Landlord the sum of $77,880.08. 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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