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).
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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).
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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).
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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).
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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).
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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).
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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.
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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...
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