In the media – National
Housing price update 'shouldn't surprise
anybody'
ABS data confirming the accelerated growth of the residential
property market in late 2016 shouldn't come as a surprise,
according to the Housing Industry Association (23 March 2017).
More...
Real estate agents warn of property money
laundering
Real estate agents with offshore sales offices and websites
targeting foreigners are at higher risk of attracting money
launderers and should face tougher laws, according to the industry
itself (22 March 2017).
More...
NAB raises home loan interest rates
National Australia Bank lifts home loan rates by as much as a
quarter of a percentage point, blaming rising funding costs and
increased regulation (16 March 2017).
More...
Plan revealed to stabilise the nation's increasingly fragile power grid The body which sets rules in the National Electricity Market has proposed a range of measures to stabilise the nation's increasingly fragile power grid (24 March 2017). More...
Chinese buyers to prop up Australian housing market:
Credit Suisse
Foreign buyers are purchasing new housing in New South Wales and
Victoria at a rate of $8 billion a year - a figure the equivalent
of one in five new homes completed across the two states (24 March
2017).
More...
Farmers sceptical of Nationals plan to give gas
royalties to landowners
Farmers say they support the idea to compensate landowners for
hosting gas wells on their property, but they still have concerns
about the potential damage gas extraction could have on their land
and water (18 March 2017).
More...
CEFC announces next wave of large-scale solar finance,
for projects in Queensland and Victoria
The Clean Energy Finance Corporation (CEFC) has announced the
latest wave of successful transactions under its large-scale solar
financing program, investing $77 million in three new projects in
Queensland and Victoria (13 March 2017).
More...
In the media – Victoria
Ombudsman Report into Mount Buller and Mount Stirling
Management Board
The Victorian Ombudsman has released a report into allegations of
improper conduct by officers at the Mount Buller and Mount Stirling
Resort Management Board. The report implicated officers of the
resort in the misuse of public funds and public resources (20 March
2017).
More...
Melbourne council announces plans to replace carpark
with open space
A $60-million multi-functional park in Prahran, which the City of
Stonnington has compared to Federation Square in the CBD, will
provide desperately needed open space in Melbourne's inner
south-east, the council says (19 March 2017).
More...
Retail Job Bonanza as The Glen Launches Massive
Redevelopment
A massive $490 million re-development of The Glen Shopping Centre
in Glen Waverley is set to create more than 2,350 new jobs and
further cement Melbourne's reputation as the nation's
retail capital (14 March 2017).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
21/03/2017
Residential Property Price Indexes: Eight Capital Cities, Dec
2016 (cat no. 6416.0)
17/03/2017
Employment in Renewable Energy Activities, Australia, 2015-16
(cat no. 4631.0)
What
price value capture?
Grattan Institute, Marion Terrill: 19 March 2017
State governments should be wary of following the Turnbull
Government's advice to introduce "value capture"
schemes to fund major new transport projects.
Plan Melbourne 2017 - 2050 five-year implementation
plan
Department of Environment, Land, Water and Planning (Vic): 11
March 2017
Plan Melbourne builds on the legacy of values that have made
Melbourne one of the most liveable cities in the world. It contains
an agenda to protect the character of the city.
In practice and courts – Commonwealth
Announcements, Draft Policies and Plans released 2017
Auction notices for the sale of land for unpaid rates:
Notice 01/17
The purpose of this bulletin is to provide information to local
governments regarding the inclusion of a landowner's name on
auction notices for the sale of land for unpaid rates (March
2017).
OSR releases Public Ruling DA000.13.1
On 13 March, the Commissioner of State Revenue released Public
Ruling DA000.13.1 – Transfer duty – concessions for
farm-in agreements – what constitutes an 'exploration
amount'. This ruling clarifies when a stated amount is
considered to have been specified under an agreement for the
purposes of identifying an exploration amount for the farm-in
concession, and what constitutes relevant exploration or
development for the concession. More information is available in an
Office of State Revenue. More...
Cases – Victoria
Lotus Projects Pty Ltd v Commissioner of State Revenue
[2017] VSC 63
LAND TAX – Exemption – Land leased for outdoor
sporting, outdoor recreational or similar outdoor activities
available for use by members of the public where the proceeds of
leasing are applied exclusively for charitable purposes –
Land leased for public golf course – Meaning of
"Land" for the purposes of exempting provisions –
Land Tax Act 2005, s 71 – Commissioner of State
Revenue v Famajohn Nominees Pty Ltd (1999) 43 ATR 29 –
Applewood Residential Development Pty Ltd v Commissioner of
State Revenue [2006] VSCA 207; (2006) 64 ATR 291 –
Capital Club Pty Ltd v Commissioner of State Revenue
(2007) 17 VR 357 – Wines v Commissioner of State
Revenue [2011] VCAT 310.
Project Gas Services Pty Ltd v Leaseplus Operations Pty
Ltd [2017] VSCA 55
CONTRACTS – Applicant made offer of compromise shortly
before trial – Respondent abandoned liquidated damages claim
after making additional discovery and expert accountant giving
evidence – Applicant sought (but was refused) leave to
withdraw offer – No sufficient change of circumstances
– Applicant took risk offer might be accepted during trial
– Not unjust to hold applicant to offer – Each case
depends on its own facts – County Court Civil Procedure
Rules 2015 Order 26 – Scanruby Pty Ltd v Caltex
Petroleum Pty Ltd [2001] NSWSC 411 applied; H W Wilson Pty
Ltd v Pitman (Unreported, Full Court (Murphy, O'Bryan and
McDonald JJ, 6 December 1990) considered; Gaskins v British
Aluminium Co [1976] 1 QB 524; Proetta v Times Newspapers
Ltd [1991] 1 WLR 337 distinguished – Appeal
dismissed.
Rajendran v Heritage Council [2017] VSCA
48
TOWN AND COUNTRY PLANNING – Heritage buildings, places and
objects – Application for an order in the nature of mandamus
– Property registered on Victorian Heritage Register –
Scope of the Court's power to compel removal of the property
where no relevant application made under the Heritage Act
1995 for its removal - Heritage Act 1995 ss 15, 19,
42, 54, 64 – Application for leave to appeal refused.
Collett v A&E Konstantopoulos Nominees Pty Ltd (Owners
Corporations) (Corrected) [2017] VCAT 345
Owners corporation; balcony works; application of section 12
Owners Corporations Act 2006 where sub-section 47(1)
Owners Corporations Act 2006 applies; section 24 Owners
Corporations Act 2006; whether works substantially for the benefit
of some, but not all lots; application of sub-section 24(2A)
Owners Corporations Act 2006; Benron Nominees Pty Ltd v Owners
Corporation SP37179U [2014] VCAT 1651 distinguished.
Cases – Queensland
Spry
v Brisbane City Council & Anor [2017] QPEC
016
PLANNING AND ENVIRONMENT – submitter appeal – where
Council approved an application to facilitate a material change of
use for three multiple dwellings – where approval was subject
to conditions concerning the stormwater run-off – where
conditions required the drainage system to convey the collected
run-off to a lawful point of discharge – where the appellant
alleged that the decision failed to impose a condition that no
connection be made to the foul water/private pipeline –
whether the Court ought impose a condition preventing connection to
a foul water/private pipeline.
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.
