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.

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