Australia: Property & Real Estate - What's News - 31 May 2016

Last Updated: 6 June 2016
Article by Chris Lovell, Lou Farinotti and Lisa Cody

Most Read Contributor in Australia, September 2016

In the media – National

Home loan demand falls overall, but investors return to property market
?The latest official figures for March show home loan demand is down, but investors are beginning to return to the property market (11 May 2016). More...

In the media – Queensland

Sunshine Coast airport project readies for take-off
The $347 million Sunshine Coast Airport runway expansion is poised for take-off, with the official environmental thumbs-up today (19 May 2016). More...

In practice and courts - Victoria

Consumer alert: New laws for rooming house operators
The Victorian Parliament has passed a new law establishing a licensing scheme for rooming house operators. When the Rooming House Operators Act 2016 (the Act) commences, all Victorian rooming house operators will need to be licensed in order to operate legally (11 May 2016). More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2015

New Era for Planning in Queensland
The Queensland Parliament has passed the Government's suite of planning reform legislation after three years of extensive consultation. After minor amendments by the Government, in line with Committee recommendations, the following Bills received bipartisan support when passed on 11 May:
Planning Bill 2015
Planning and Environment Court Bill 2015
Planning (Consequential) and Other Legislation Amendment Bill 2015
The Bills deliver a streamlined, 21st century planning system for Queensland - improving clarity and reducing the overall length of the legislation. The legislation likely to commence mid-2017. Regulatory instruments to support the new legislation are being developed by the Department in consultation with industry and the community.

Retail Shop Leases Amendments Bill
The Queensland Parliament has passed the Retail Shop Leases Amendment Bill 2015. The amendment Bill will provide a number of improvements to the Act, most notably, the amendments exclude retail shops with a floor area greater than 1,000 m2 from the legislation.
Further amendments to the Bill were made by the Government retaining the status quo definition of when a lease is entered into, removing proposed lessor objection and dispute procedures, and requiring a statement from the assignee that they have received appropriate legal advice before agreeing to waive the seven day assignor disclosure period. The Bill will take effect six months after assent (11 May 2016).

EHP Prosecution bulletin 4/2016
A Brisbane company has been fined $40,000 and ordered to pay $8,652 in investigation and legal costs, after pleading guilty to two waste tracking offences under the Environmental Protection (Waste Management) Regulation 2000 and one offence of breaching a condition of a development approval under the Environmental Protection Act 1994. The company failed to provide details of regulated waste being transported and disposed in four vessels that were being moved to a scrap metal yard.

Cases – Victoria

Impact Funds Management Pty Ltd v Roy Morgan Research Ltd [2016] VSC 221
LEASES AND TENANCIES – Construction of a commercial lease – Law Institute of Victoria standard form lease – Whether landlord required to improve the leased premises by extending passenger lifts – Terms requiring landlord to consult with tenant.
LEASES AND TENANCIES – Repudiation – Whether failure to pay rent amounts to repudiation – Distinction between breach of an essential term and repudiation at common law – Shevill v Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620 – Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14; (1985) 157 CLR 17 – Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268 – World Best Holdings Ltd v Sarker [2010] NSWCA 24; (2010) 14 BPR 27,549.
LEASES AND TENANCIES – Equitable jurisdiction to grant relief against forfeiture – Effect of grant of relief against forfeiture – Shiloh Spinners Ltd v Harding [1973] AC 691 – Legione v Hateley [1983] HCA 11; (1983) 152 CLR 406.
CONTRACT – Good faith – No bad faith where party otherwise fulfilling its obligations – Duty to cooperate – Entitlement to act in a party's own commercial interests.
CONTRACT – Repudiation – Whether pleading that another party has repudiated and seeking a declaration of termination amounts to repudiation – Importance of context and considering all the circumstances of the case – Woodar Investment Development Ltd v Wimpey Construction UK Ltd [1980] UKHL 11; (1980) 1 WLR 277 – DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12; (1978) 138 CLR 423 – Sopov v Kane Constructions Pty Ltd (2007) 20 VR 127.

Houlahan & Ors v Trentham Investment Management Pty Ltd & Anor [2016] VSC 240
ESTOPPEL – Promissory estoppel – Sale of land – Obligation to pay deposit – Default in payment of deposit and completion – Alleged unwritten pre-contractual assent by vendor's agent to defer deposit obligation until financing by syndicate – Production of unconditional contract by vendor for signing – Insertion of subject to finance clause by purchaser – Rejection of condition by vendor – Unconditional contract signed by purchaser – Estoppel case bound to fail – Default judgment for deposit not set aside.

Cases – Queensland

Multiplex Bluewater Marina Village Pty Ltd & Anor v Harbour Tropics Pty Ltd [2016] QSC 099
REAL PROPERTY – EASEMENTS GENERALLY – DEFINITIONS AND CONSTRUCTION – where the respondent tavern owner granted an easement to the applicant marina owner and marina berth users for use of marina facilities including car parks on the respondent's land – where the respondent sought to limit the time allowed for parking – where the applicant seeks a declaration that the applicant and marina berth users are entitled to unlimited use of the marina facilities – whether car parking for an extended period would change the nature of use from parking to storage – whether it is appropriate to make the declaration sought by the applicant which generally restates the terms of the easement instrument.

Legislation – Commonwealth

Retail Shop Leases Amendment Bill 2015
Stage reached: PASSED with amendment on 10/05/2016. The Bill gives effect to outcomes from the statutory review of the Retail Shop Leases Act 1994 (Qld).

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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