In the media – National
Aussie clean tech on track to enter global power
market
A game changing moveable and modular solar system that can be set
up and packed down in days is on track to enter the multi-billion
dollar global temporary power market (20 April 2017).
More...
Stockland works with sustainability groups for new
development
Stockland has worked closely with sustainability groups, the GBCA
and Liveable Housing Australia (LHA) to design the new community to
be a model development for affordability and sustainability, with
homes to achieve an average 7 Star NatHERS rating (13 April 2017).
More...
Living Building Challenge gets the Green Star streamline
treatment
The International Living Future Institute is the latest body to
partner with the Green Building Council of Australia, with the
release of a guidance document to help streamline certification for
projects going for both Green Star and the stringent Living
Building Challenge (11 April 2017).
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In the media – Victoria
Not as easy as ABC, as heritage grades get
updated
The City of Melbourne has proposed a shift in its heritage ratings
scheme away from the old A-D grades to a new system that spells out
a building's significance (15 April 2017).
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Public housing upgrades on the cards for
Victoria
The Andrews Labor Government will upgrade more than 200 public
housing properties, creating up to 80 construction jobs in the
Latrobe Valley. In addition, the Clean Energy Sustainability Fund
will look at ways of replacing inefficient electrical appliances
with new, greener utilities to reduce bill stress for tenants.
More...
Renewable Energy Projects To Boost Supply and Create
Jobs
The Andrews Labor Government has announced $1 million to establish
a series of community power hubs in regional Victoria and
investigate the renewable energy potential of Bendigo's
historic mineshafts (12 April 2017).
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In the media – Queensland
Positive signs for property
The confidence levels of Queensland's property industry
continue to lift, but remain behind the other major states,
according to the latest quarterly ANZ/Property Council industry
sentiment survey. Property industry confidence in Queensland rose
four index points over the last quarter, from 123 to 127 (with 100
being neutral) (20 April 2017).
More...
Chinese developer offers to buy Gold Coast
farmland
Chinese developer, Songcheng, offers contracts to buy up 6,000
hectares of farmland between Brisbane and the Gold Coast (13 April
2017).
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In Practice and Courts
Announcements, Draft Policies and Plans released 2017
Queen Victoria Markets - Call for
Comments
The Australian Heritage Council is assessing the Queen Victoria
Markets for potential inclusion on the National Heritage List.
Comments close 14 July 2017.
More...
New Apartment Standards Introduced
Amendment
VC136 changes the Victoria Planning Provisions and all planning
schemes by introducing new planning provisions for apartment
developments in Victoria by amending Clause 55 and introducing a
new Clause 58. View more information in
Advisory Note 66 (13 April 2017).
Localising the Global Sustainable development goals
Conference, 4-5 May in Melbourne
The Department of Environment, Land, Water and Planning is
sponsoring the
Implementing the New Urban Agenda Conference: making cities
inclusive, safe, resilient and sustainable. Anyone working in
local government, planning, infrastructure, economic development,
social inclusion, health, or sustainability, or those with an
interest in sustainable urban development, is encouraged to
attend.
Approvals
VC136 introduces state-wide planning requirements for apartment developments in Victoria.
Cases – Victoria
Abercrombie v Salter Architects [2017] VSC
180
PLANNING & ENVIRONMENT – Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under s.148 of the Victorian Civil and Administrative Tribunal
Act 1998 – Tribunal ordered that a planning permit issue
to construct a multi-level apartment building in the Mount Buller
Village – Impact on views from neighbouring premises –
Imposition of a condition limiting the height of the proposal in
order to effect a reasonable sharing of views – Whether the
condition lacked an evident and intelligible justification –
Whether Design and Development Overlay imposed a mandatory height
limit – Whether the Tribunal misconstrued an earlier Tribunal
decision in relation to the same land – Leave to appeal
granted – Appeal dismissed.
Owners Corporation RP3454 v Ainley (Owners Corporations)
[2017] VCAT 470
Owners corporation seeking restraining order preventing
construction of second storey extension; new rules passed
prohibiting second storey extensions without consent from owners
corporation; whether new rules valid.
Cases – Queensland
De
Whalley Farrall v Money [2017] QDC 084
EQUITY – TRUSTS AND TRUSTEES – EXPRESS TRUSTS
CONSTITUTED INTER VIVOS – DECLARATION OF TRUST –
GENERALLY – where the subject matter of the alleged trust was
a residential property, acquired by the defendant during her de
facto relationship with the plaintiff – where the trust is
alleged to be created by a deed signed by the parties – where
the deed stated the defendant held the property on trust for the
plaintiff – where it was alleged the plaintiff failed to
perform certain obligations required by the deed – whether
the agreement was repudiated – whether a repudiation was
accepted – whether the deed is enforceable – whether
the property is held on trust by the defendant for the parties
– whether the defendant holds the property on trust for the
parties as tenants in common in equal shares – whether an
account should be taken of the contributions made by the
plaintiff.
EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS –
CONSTRUCTIVE TRUSTS – UNCONSCIONABLE CONDUCT – where
the defendant acquired a residential property during her de facto
relationship with the plaintiff – where it was alleged the
plaintiff contributed to the acquisition, conservation and
improvement of the property – where the defendant denied the
plaintiff an interest in the property – whether the plaintiff
contributed to the property – whether it would be
unconscionable to deny the plaintiff a beneficial interest in the
property – whether a constructive trust should be imposed
over the property, reflecting the respective contributions by the
parties to that property.
Tyrrell
v Jesbro Enterprise Pty Ltd [2017] QSC 055
APPLICATION – TERMINATION OF LEASE – BREACH OF LEASE
AGREEMENT – FAILURE TO REMEDY BREACH – NOTICE TO REMEDY
BREACH – where the Notice served on the respondent failed to
contain the "Note" which appears in the approved form
– whether despite the non-compliance with the approved form,
the Notice remains valid.
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.
