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.
