In the media – National
Victoria, NSW need to pick up pace on Murray-Darling
plan, SA says
Progress on the Murray-Darling Basin Plan is slow going, with the
SA Water Minister saying Victoria and News South Wales are not
holding up their end of the deal (18 November 2016).
More...
Rising commercial property prices to finally slow:
PwC
The long climb of ever higher commercial property prices may
finally level off in the next year as bond yields rise, according
to PwC (16 November 2016).
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Woolies' landlords revolt over Masters
deal
Woolworths' deal to sell 40 of its Masters freehold properties,
plus 21 development sites and 21 leasehold assets to a consortium
of wealthy private families in a transaction worth $830 million
faces another test in the courts, this time from landlords who
leased big-box stores to the supermarket chain (16 November 2016).
More...
Record renewables now in the grid
Renewable energy supplied 21.7 per cent of grid energy in October,
the highest figure since complete National Electricity Market data
became available, according to the latest pitt&sherry CEDEX
report (14 November 2016).
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Australia ratifies Paris climate
agreement
The Australian Government has officially ratified the Paris climate
agreement formalising Australia's commitment to the global
deal, alongside the 100+ countries that have already ratified (10
November 2016).
More... The Prime Minister and two ministers released a
joint statement.
In the media – Victoria
Court upholds noisy vehicle fine
A court has upheld Environment Protection Authority Victoria's
(EPA) decision to fine a Broadmeadows woman for exceeding vehicle
noise limits (17 November 2016).
More...
Council Plan Changes puts Residents First
The Andrews Labor Government has unveiled its first major decision
as part of the reform of the Local Government Act requiring all
councils by law to develop four year plans with their communities.
The change will give residents more say in their council's
priorities, services and budgets (17 November 2016).
More...
Horse numbers on Victorian beaches to be
hobbled
Environmental groups are criticising a Victorian Government plan to
cap the number of horses training on beaches along the state's
far south-west coast (16 November 2016).
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South East Water turns developer to prove
technology
South East Water will this week unveil its $130 million showcase
water-wise housing estate on the decommissioned Cranbourne water
purification plant (16 November 2016).
More...
New CBD Apartments to fund Homes For
Homes
Minister for Planning Richard Wynne has approved a 64-storey
development which will have 632 one, two and three-bedroom
apartments, retail space, car and bike parking. Permit conditions
include laneway upgrades and space dedicated to community use, such
as a childcare centre (08 November 2016).
More...
In the media – New South Wales
Agents to face new laws and requirements in
2017
Agents in New South Wales will face a raft of new educational
requirements, increased fraud prevention measures and greater
scrutiny after the government released its reform paper, which aims
to "strengthen industry standards and better protect
consumers" (07 November 2016).
More...
In the media – Queensland
Fairer public housing rent policy to encourage
work
The Palaszczuk Government has ended one of the cruellest policies
introduced under the Newman-Nicholls Government with a new public
housing rent policy to come into force on 5 December 2016 (19
November 2016).
More...
The Palaszczuk Government has announced the first projects to be
funded under the $12 million three-year Community Sustainability
Action grants program (09 November 2016).
More...
Cases – Victoria
Equal 54 Pty Ltd v Dennis Galimberti & Ors [2016] VSC
588
Negligence – Solicitor – Scope of solicitor's duty
of care in relation to purchase of interest in hotel business,
including shares, and signing of guarantee – whether
solicitor breached duty of care - whether failure to advise of
defects in the structure of the partnership deed executed in
relation to purchase - whether failure to advise of defects in
company search in alleged conversations immediately prior to the
signing of the guarantee – Whether breaches caused losses
– Part X of the Wrongs Act 1958 (Vic) - whether
alleged losses suffered, in particular, whether alleged loss
suffered by reason of finding of Emmett J in Frauenstein v
Farinha [2007] FCA 1953 that the shares obtained were liable
to be set aside - whether the causes of action are statute barred
pursuant to s.5(1)(a) of the Limitation of Actions Act
1958 (Vic) - whether any liability should be reduced by reason
of the provisions of Part IVAA of the Wrongs Act 1958
(Vic) - Contributory negligence.
Re Morihovitis [2016] VSC 684
REAL PROPERTY - Restrictive covenant - Restriction to 'not more
than one dwelling house and outhouses' - Burdened land
contiguous to unburdened land - Common ownership - Proposal to
develop both lots as one - Proposal to erect three level block of
21 apartments - Presence of some multi-unit development in the
greater neighbourhood - Whether modification to covenant to allow
apartment development of proposed larger scale 'will not
substantially injure the persons entitled to the benefit of the
restriction' - No objectors joined as parties - Scale and
imposition of proposed development exceeds degree of changes in
neighbourhood - Onus not discharged - Application refused -
Property Law Act 1958 (Vic), s 84(1)(c). REAL PROPERTY ?
Application to remove restrictive covenant ? Beneficiaries
expressing opposition out of court but not willing to attend court
and be joined as defendants ? Function of the Court in unopposed
applications ? Plaintiff's onus of proof ? Exposure of facts
and opinion from town planner on ultimate issue ? Adoption of facts
by Court ? Non-adoption of opinion from underlying facts.
Pascoe v Gianello (Building and Property) [2016] VCAT
1903
Co-ownership – Part IV of the Property Law Act 1958
(Vic), sale and division of property under s.225 of the Property
Law Act 1958; objection to jurisdiction on the grounds that
Tribunal must exercise jurisdiction under the Bankruptcy Act
1996 (Cth) and is not empowered to do so; s.75 of the
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
- distinction between exercising jurisdiction and applying the
Bankruptcy Act - alleged trust under a will - alleged life interest
– whether unequivocally necessary to declare that the
trustees in bankruptcy hold the property in trust - whether there
is unequivocally a bankruptcy dispute.
Webster Investments Pty Ltd v Anderson and Webster Investments
Pty Ltd v North Star Developments Pty Ltd [2016] VSC
620
LOAN AGREEMENTS—Construction of loan agreements—Nature
of security agreed—Extent to which personal guarantees agreed
to be provided.
MORTGAGES—Extent to which mortgages agreed to be supported by
personal guarantees—Mistake in execution of mortgage
documents by guarantor—Mortgagee's duty on sale of
mortgaged property with respect to guarantors—Effect of sale
of mortgage property by private treaty with no public advertising
or advertising regime where specialised regime may be required for
a hotel and motel property—Impairment of security—Sale
of mortgage property without prior valuation—Significance or
otherwise of post-mortgagee's sale valuation with respect to
mortgagee's duty on sale.
GUARANTEES—Impairment of security—Discharge of
guarantor.
Yarra Ranges SC v Bibiano (Red Dot) [2016] VCAT
1881
NATURE OF CASE - Whether deposit of clean fill on land in Green
Wedge Zone a separate or ancillary use.
LOCATION OF PASSAGE OF INTEREST - Paragraphs [26]-[42].
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - APPLICATION
– interesting or unusual use or development; application of
policy, provision or principle; or circumstances.
Test case run by Council to determine whether the disposal of clean
fill of the scale and nature being undertaken on land used for a
holiday house and hobby farm is a separate use of land, and one
that requires a separate permit for 'use'.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is desirable.
Suggestion that it would be desirable for the EPA, Minister for
Planning, and metropolitan fringe councils need to formulate a more
sophisticated policy response to dealing with the increased
disposal of clean fill on rural land in the Green Wedge Zone.
Ozzi Trade Pty Ltd v Hume CC [2016] VCAT
1876
Hume Planning Scheme; Section 77 of the Planning and
Environment Act 1987; Green Wedge Zone; Melbourne Airport
Environs Overlay MAEO1 and MAEO2; Education Centre; Islamic Primary
School and Early Learning Centre; Compatibility with Airport;
Impact on Airport Operations; Traffic; Parking; Social Cohesion;
Vegetation Removal.
Cases – Queensland
Burtenshaw
& Anor v Tablelands Regional Council [2016] QLC
68
MINING LEASE – renewal – referral – access
– determination of compensation – absence of expert or
valuation evidence – use of Court judgments for determination
purposes.
McClymont
v Solar Silicon Resources Group Pte Ltd [2016] QLC
67
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS
– TITLES – RIGHTS, PERMITS, LICENCES AND LEASES ETC.
– EXTRACTION TITLES – OTHER MATTERS – where the
applicant seeks a review of compensation payable to him under a
mining lease – where the applicant also seeks relief for
alleged trespass or nuisance by the respondent – where the
respondent seeks orders striking out the claims for trespass or
nuisance – where the respondent seeks summary judgment
dismissing the applicant's claims for trespass or nuisance
– where the respondent seeks summary judgment dismissing the
applicant's claim for a review of compensation.
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.