In the media – Queensland
Brisbane apartment building slowdown 'too late'
to stop price falls
Brisbane developers are winding back plans for new apartments, but
some property experts argue there is already a glut and prices must
fall (28 August 2016).
More...
First North Queensland Regional Plan to supercharge
development
The first regional plan for North Queensland will become a reality
after all five councils agreed to start work on the blueprint that
will supercharge future development across the region (24 August
2016).
More...
Opposition accuses Brisbane City Council of becoming
property developer
The Brisbane City Council is accused of a conflict of interest over
a property development at Toowong in Brisbane's inner west (17
August 2016).
More...
In practice and courts
Announcements, Draft Policies and Plans released 2016
Titles Registry Alert Issue 129: Revised Titles Registry
Forms 5A and 6
Titles Registry Form 5A -Transmission Application by Personal
Representative (No Grant in Queensland) and Form 6 - Transmission
Application for Registration as Devisee/Legatee have been amended
(24 August 2016).
Office of State Revenue: Changes to the Duties
Act
The Duties Act 2001 is amended to: extend the transfer
duty concession for intergenerational transfers of
family primary production businesses by removing the
requirement that the transaction be by way of gift, from 1 July
2016 and impose 3% additional foreign acquirer duty, from 1 October
2016.
Cases – Victoria
Thompson v Geminder Holdings Pty Ltd [2016] VSC
495
CONTRACT – Tenant of property when landlord in financial
difficulty – Whether tenant agreed to purchase property and
grant an option back – Whether contract existed before
written agreement - Implied terms – Good faith –
Co-operation – Whether contract required writing –
Whether part performance – Mortgagee taking possession of the
property – Whether loss of opportunity to exercise option
– Damages.
ESTOPPEL – Equitable and promissory estoppel –
Representation – Reliance – Detriment – Equitable
compensation.
TORT – Trespass, conversion and detinue – Whether
curtains, carpets and chandeliers chattels or fixtures –
Whether plaintiff had right to possession of the items –
Ownership of the items – Pleadings – Appropriate
relief.
Oostemeyer v Powell & Ors [2016] VSC
491
REAL PROPERTY – Restrictive covenant – Application for
modification – Covenant restricting, amongst other things,
the erection of more than one dwelling on the land – Proposed
development involving subdivision and construction of a second
dwelling on the land – Whether precedent already set by
previous developments - Whether modification will not substantially
injure the persons entitled to the benefit – Application
refused – Applicable legal principles – Property
Law Act 1958 (Vic), s 84(1)(c).
Cases – Queensland
Multiplex
Bluewater Marina Village Pty Ltd & Anor v Harbour Tropics Pty
Ltd (No 2) [2016] QSC 192
REAL PROPERTY – EASEMENTS GENERALLY – DEFINITIONS AND
CONSTRUCTION – where the court determined the construction of
the easement terms – where the parties were invited to agree
on the terms of a declaration that reflected the construction of
the easement in respect of the use of the car park on the servient
tenement – where the parties could not agree as to what
period of time would be reasonable as the yardstick for the use of
a car park space under the easement before the use would
effectively change from parking to storage.
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.