In the media – National
Urban Taskforce of Australia: A Broad Land Tax should
replace Stamp Duty
Recent discussion in the media has advocated for the end of stamp duty, to be replaced with an ongoing annual land tax, and this move has gained widespread support from business groups, social service advocates and the development industry (05 April 2016). More...
Lendlease sets new benchmark for liveable
Lendlease's Barangaroo South has been awarded a 6 Star Green Star - Communities rating (30 March 2016). More...
In the media – Queensland
MOU signed in Hong Kong for tourism resort development
on the Gold Coast
International investor confidence in Queensland is surging with two Hong Kong corporations signing a Memorandum of Understanding to co-invest in an $850 million tourism development on the Gold Coast (07 March 2016). More...
In practice and courts –Queensland
Announcements, Draft Policies and Plans released 2015
Updated public ruling released by Office of State Revenue On 29 March 2016, the Commissioner of State Revenue issued public ruling DA505.2.2—Dutiable value of transfers of land to local governments. This ruling has been amended to include an example at paragraph 11 and to ensure that references to the Commissioner are gender neutral. No substantive changes were made to the ruling (31 March 2016). More...
Land title practice manual
From 1 May 2016, the Land Title Practice Manual will outline new requirements applicable to all instruments and documents executed and witnessed outside Australia, including all Titles Registry forms and powers of attorney which are lodged for registration. More...
Cases – Victoria
Mathieson Nominees v Aero Developments &
Ors  VSC 131
REAL PROPERTY – Torrens scheme of registration of land in Victoria under ss 40 to 43 of the Transfer of Land Act 1958 (the "TLA") – In personam exception to indefeasibility – Claim under Barnes v Addy – Knowing receipt (first limb) and knowing assistance (second limb) – Knowledge an essential requirement under both limbs – Knowledge under first limb – The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) applied – Knowledge under second limb – Farah Constructions Pty Ltd v Say-Dee Pty Ltd applied – Tests as to knowledge under both limbs of Barnes v Addy the same – Barnes v Addy claims not established on the facts – No breach of any relevant fiduciary duty and no relevant knowledge of any such breach – Claim under Barnes v Addy not a personal equity which defeats the indefeasibility provisions of the TLA – Farah Constructions v Say-Dee settles the question – Observations of Tadgell JA in Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd on the law in Australia – No basis for maintaining any in personam exception to the indefeasibility of the title of the registered proprietor. SALE OF LAND – Effect of nomination of party to take transfer – Whether a charge on the land enforceable against nominated party – Construction of nomination clause. SECURITIES – Fixed and floating charge over company assets – Whether an equitable charge or an equitable mortgage – An equitable charge and an equitable mortgage both create a proprietary right in the charged property – Differences between an equitable mortgage and an equitable charge – Equitable mortgage created. More...
Koroneos v Koroneos (Building and Property)
 VCAT 461
Co-ownership of land; father and son registered joint proprietors; application by son for orders under Part IV Property Law Act 1958. More...
Cases – New South Wales
SAMM Property Holdings Pty Ltd v Shaye Properties
Pty Ltd  NSWSC 362
CONTRACT – rectification – auction – where contract specified purchase price to be inclusive of GST -whether common intention that purchase price be exclusive of GST. More...
Cases – Queensland
International Palace Pty Ltd v Novaheat Pty Ltd
 QSC 075
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where there is a commercial contract for the sale of land – where the contract is conditional upon satisfaction of due diligence period – where a vendor's right to termination arises – where a purchaser subsequently waives a condition inserted for a purchaser's benefit – whether a vendor's right to termination is defeated. CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – VENDOR'S REMEDIES – RESCISSION OR TERMINATION – PURSUANT TO CONDITION GIVING RIGHT TO RESCIND OR TERMINATE – where a purchaser fails to satisfy the due diligence condition – where a vendor terminates the contract because of a purchaser's failure to satisfy the due diligence condition – whether the contract is voidable – whether there is a valid termination. PROCEDURE – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – OTHER MATTERS – where the defendant in the proceeding applies for a summary judgment on a counterclaim – whether pursuant to r 292 Uniform Civil Procedure Rules 1999 summary judgment should be given in respect of the counterclaim. More...
Salsabil Charitable Organisation Pty Ltd v Gold
Coast City Council & Anors  QPEC 017
PLANNING AND ENVIRONMENT – APPEAL –Development Application for Material Change of Use for a Place of Worship – Site located in established light industrial area. CONFLICT – Conflict with planning scheme – Grounds – Whether strong planning need for the proposed development justifies approval notwithstanding conflict – weight to be given to new planning scheme introduced after development application lodged. ISSUES FOR DETERMINATION – Planning need – Traffic and parking – Amenity. More...
Horsburgh v Emerald Rock Pty Ltd  QCA
The respondent and the lessee agreed to a surrender of the lease on terms and conditions, including an acknowledgment by the lessee that it was indebted to the respondent in the stated sum with respect to rental and other monies outstanding and owing to the respondent pursuant to the lease for which the respondent was then entitled to issue proceedings and enter judgment for that amount as a liquidated debt. The appellant appeals a District Court judgment against it of an amount exceeding $300,000 in favour of the respondent. More...
2040 Logan Road Pty Ltd v Body Corporate for
Paddington Mews  QSC 040
REAL PROPERTY – EASEMENTS – EASEMENTS GENERALLY – CREATION – BY EXPRESS AGREEMENT OR UNDER STATUTE – STATUTORY EASEMENTS – where the applicant applied for a statutory right of user pursuant to s 180 of the Property Law Act 1974 (Qld) – where an easement was sought over a private driveway to facilitate access to two proposed carparks on the applicant's land – whether the proposed easement was reasonably necessary in the interests of the effective use of the applicant's land – whether the grant of an easement would be in the public interest – whether the respondent unreasonably refused to agree to accept the imposition of the easement. More...
Legislation – Queensland
Planning and Environment Court Bill 2015
Introduced: on 12/11/2015. Stage reached: Report from Committee on 8/04/2016.
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