In the media
Commonwealth
Parliament backs farmers with Criminal Code Amendment
Bill set to become law
The Australian Senate passed the Criminal Code Amendment
(Agricultural Protection) Bill, meaning tough new penalties for
those who incite trespass, property damage or theft on agricultural
land will soon become law (12 September 2019).
More...
Shopping mall landlords feel the cooling winds of rent
decline
Shopping centre owners are under increased pressure from
falling rents as they grapple with the slow retail sales and the
need to offer higher incentives (11 September 2019).
More...
People want and need more housing choice
Australians need greater housing diversity to meet their
current and future housing needs. There are strong demographic
drivers of the need for a more diverse range of housing in our
cities. Not all current and future households want single
standalone houses or multi-storey apartments (09 September 2019).
More...
June quarter stats see bottom of the market: REIA
The decline in property prices continued in the June
quarter and will most likely mark the bottom of the cycle,
according to the latest research from the Real Estate Institute of
Australia (11 September 2019).
More...
House prices will rise up to 10 per cent: UBS
UBS economists have upgraded their house price forecasts
over the next year by up to 10 per cent after July's lending
figures returned their largest monthly jump since the post-GFC
rebound in 2009 (11 September 2019).
More...
Australia sets new record as world-leader in real estate
sustainability rankings
Australian property companies have improved their
sustainability performance and increased their lead globally, while
maintaining their ranking as the best in the world in the
internationally recognised 2019 GRESB Real Estate Assessment
results for the ninth year running (10 September 2019).
More...
PCA: Australia's property industry global leader on
ESG
The Australian and NZ real estate sector has again
outperformed other regions in the world's most trusted
sustainability benchmark, the
Global ESG Benchmark for real estate assets (GRESB). Australia
and New Zealand achieved an average GRESB Score of 81, up from 76
last year, and well ahead of the global average of 72 (which also
improved from 68 the previous year) (09 September 2019).
More...
First home buyers surge
First home buyers are continuing to take advantage of a
less competitive environment and more affordable house prices. The
number of loans to first home buyers was up by 1.3 per cent for the
month and 4.0 per cent for the three months to July, stated
HIA's Economist, Angela Lillicrap (09 September 2019).
More...
Housing market wrap up: Auctions, approvals and
GDP
The much-awaited GDP results released on Wednesday showed
the slowest rate of growth since the global financial crisis, with
GDP growing just 0.5 per cent for the June quarter and 1.4 per cent
over the year (06 September 2019).
More...
Apartments could be the crack in the housing market
recovery
Evacuations, cracking, flammable cladding - the apartment
market has been plagued by damaging, high-profile problems this
year. So could it be the thorn in the side of the emerging property
market pick-up (05 September 2019).
More...
Rental affordability hits 11 year high: Report
Rental affordability improved during the June 2019 quarter
to the lowest proportion of income required to meet rent payments
since June 2008, according to research from the Real Estate
Institute of Australia (04 September 2019).
More...
GBCA and ISCA launch new guide for sustainable
city-building
Two of Australia's leading sustainability
organisations have come together to make it easier for industry to
deliver sustainability through the infrastructure and buildings
that are rapidly shaping our cities (04 September 2019).
More...
Building crisis: We need an injection of good
evidence
Rectifying an information and evidence shortfall in the
now widely cited building and construction crisis needs to be an
important part of improving policy making and regulation (05
September 2019).
More...
Victoria
Melbourne's office market boom rolls on
Melbourne's office market boom is expected to roll on
until at least 2024, with prime rents in the CBD expected to surge
another 30-40 per cent over the next five years (13 September
2019).
More...
A broader focus is required, when protecting peri-urban
agriculture
Farmers on Melbourne's urban fringe have expressed
deep disappointment at what they say is the narrow focus of plans
to preserve strategic agricultural land. They were responding to a
Department of Environment, Land Water and Planning consultation
paper, identifying strategic agricultural land on the outskirts of
Melbourne (11 September 2019).
More...
Melbourne Park redevelopment celebrates the completion
of stage two
The second stage of the Victorian Government's near
billion-dollar redevelopment of Melbourne Park is complete –
giving fans more comfort and convenience in the major events
capital of Australia (10 September 2019).
More...
Lendlease wins approval on $1bn Melbourne Quarter
Tower
Property giant Lendlease has been greenlit for its $1
billion Melbourne Quarter Tower on Collins Street, with plans to
kick off construction later this year (05 September 2019).
More...
NSW
Approval for 160-Unit development in Redfern
A proposal for a flagship 160 apartment development
located at 11 Gibbons Street Redfern has received development
approval for one of Australia's largest community housing
providers SGCH (12 September 2019).
More...
Sydney's emerging Aerotropolis suburbs offering
gains for developers
Sydney's emerging greenfield suburbs such as Gledswood
Hills, Oran Park, Gregory Hills and Leppington are benefiting from
future infrastructure hotspots such as the Aerotropolis, Western
Sydney International Airport and Sydney Science Park (10 September
2019).
More...
Parramatta developer inks deal with co-living giant
Hmlet
Singaporean co-living operator Hmlet has partnered with a
Sydney developer to launch four new co-living properties as it
beefs up its Australian pipeline (10 September 2019).
More...
Queensland
Planning schemes to support ATSI knowledge, culture and
tradition
Queensland's planning legislation is leading Australia
in its recognition of the need to value, protect and promote
Aboriginal and Torres Strait Islander knowledge, culture and
tradition. Minister for Planning Cameron Dick said new guidance
material released will assist Queensland councils in supporting
cultural awareness through their local planning schemes (12
September 2019).
More...
Property Council research highlights rating practice
inequity
Property Council research into Queensland local government
rating practices has raised new concerns with the targeting of
non-residential properties through inequitable differential and
minimum rates (12 September 2019).
More...
Developers source the next wave of Brisbane industrial
investment
Industrial land values continue an upward trend due to
demand for completed investments combined with a low yield
environment which latest Knight Frank research says is encouraging
investment in the development pipeline (11 September 2019).
More...
New tower planned for 10 St Kilda Ave Broadbeach
A vacant 607sq m block at Broadbeach will have a 21-storey
tower comprising 60 units delivered to the slight site, if approved
by the Gold Coast City Council. The application, which seeks code
assessment for a mixture of 36 residential apartments and 24
short-term accommodation (10 September 2019).
More...
More apartments approved in Sunshine Coast's new
CBD
New changes to the state government's priority
development scheme will see the delivery of up to 4000 new
apartments in the new $2.1 billion Maroochydore CBD (09 September
2019).
More...
Gold Coast director and property developer sentenced to
eight years' imprisonment
Bradley Keith Silver, former Gold Coast director and
property developer, has been sentenced to eight years'
imprisonment for dishonesty (06 September 2019).
More...
Consolidated properties wins approval for 895 Ann
Street
Don O'Rorke's Consolidated Properties Group will
start work on its $250 million commercial tower mid next year after
receiving development approval from Brisbane City Council. The
15-level office tower, at 895 Ann Street, marks the first large
scale A-grade commercial building planned for the James Street
precinct of Fortitude Valley (05 September 2019).
More...
Published – articles, papers, reports
Infrastructure choices: Evaluation and politics
John Daley; Grattan Institute: 12 September 2019
This presentation demonstrates that elections are increasingly
about big transport infrastructure 'announceables.' But
these election promises are usually driven by politics more than
evidence. They don't show much influence from the advice of
independent expert bodies, and are often made well before business
cases have been completed, let alone publicly released. More...
In practice and courts
Commonwealth
API: ABFI Residential Valuation Standing Instructions
Version 2.2.1
The Residential Valuation Industry Group has conducted a
review of V2.1 of the ABFI Residential Valuation Standing
Instructions (ABFI RVSI), and have subsequently
released a revised version. Version 2.2.1 of
the ABFI RVSI will come into effect on 1 October 2019. The current
document, namely Version 2.1, will operate until that time.
More...
CER: Public consultation open for changes to solar
postcode zones
The Clean Energy Regulator is proposing updates to
postcode zones for small-scale technologies under the Small-scale
Renewable Energy Scheme. The changes will affect the number of
small-scale technology certificates for eligible systems in certain
postcodes. If agreed, the changes will come into effect from 1
October 2019.
More...
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Announcements, Draft Policies and Plans released 2019
Queensland
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019 (12
September 2019). More...
Body Corporate and Community Management Regulations
– Consultation on Draft Legislation
The community and stakeholders are invited to have their
say on proposed reforms to regulations under the
Body Corporate and Community Management Act
1997. Consultation closes on 18 October 2019.
More...
Attorney General Reminder: Free state-wide seminars
explain body corporate laws
Queensland's BCCM will host free seminars across the
State to help inform community members about body corporate laws.
The seminars will be held in late August and September at the Gold
Coast, Logan, Brisbane, Sunshine Coast, Hervey Bay, Gladstone,
Mackay, Townsville and Cairns.
More...
Titles Registry Alert No 155: New process for dealing
with registered survey plans
Survey plans lodged for registration on and after the 30th
September 2019, will no longer be retained and instead will be
destroyed 28 days after registration. For certainty of users of the
information contained within the register, which includes survey
plans, the image of the survey plan will become the legal
instrument. This is in line with other Titles Registry documents,
excluding original wills and original powers of attorney (03
September 2019).
More...
Environment Protection and Biodiversity Conservation
Act 1999 [Gaz 14/08/2019]
For further information see the referrals
list.
2019/8516 – 04/09/2019 - WEIYA DEVELOPMENT PTY
LIMITED/Residential Development/Lot 801 on SP157194, Lot 1 and Lot
2 on RP22251/Queensland/Residential Development, Collingwood Park,
Ipswich, Qld.
New Environmental Protection Regulation and
Environmental Protection Policies
The Environmental Protection Regulation 2008 and
Environmental Protection Policies for Air, Noise and Water will
expire on 1 September 2019. The expiring legislation will be
replaced by the:
Environmental Protection Regulation 2019; Environmental Protection
(Air) Policy 2019; Environmental Protection (Noise) Policy 2019 and
Environmental Protection (Water and Wetland Biodiversity) Policy
2019.
More...
DNMRE current consultations
Moreton: Targeted amendment of the water plan
Feedback on a new draft water plan amendment closes on 01 October
2019
Sunshine Coast incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to Council between
1 July 2019 and 30 June 2022.
More...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Cases
Wollert Epping Developments Pty Ltd v Batten
[2019] VSC 618
PROPERTY LAW – sale of land – application
under s 49(1) Property Law Act 1958 – whether
vendors in breach of warranties that they are in possession of the
land and whether at settlement will be the holder of an
unencumbered estate in fee simple in the land – whether
questions hypothetical or pointless – interaction between
warranties and identity clause – difference between
description of land in Certificate of Title and occupation of land
– encroachment by boundary fence – Koadlow v
Bolland (1997) 1 VR 632; Fullers' Theatres Ltd v
Musgrove [1923] HCA 12; (1923) 31 CLR 524; Travinto
Nominees Pty Ltd v Vlattas [1973] HCA 14; (1973) 129 CLR 1;
Flight v Booth [1834] EngR 1087; (1834) 1 Bing (NC) 370;
131 ER 1160.
DJM Group Pty Ltd v Calypso Sports Pty Ltd
(Building and Property) (Costs) (No 2) [2019] VCAT
1386
RETAIL LEASES – at the hearing, the applicant
landlord failed to prove that the third respondent signed a
guarantee in respect of the tenant's obligations to the
landlord – claim against the third respondent was dismissed,
but upheld against the tenant and the co-guarantor.
COSTS–Section 92 Retail Leases Act 2003 –
claim for costs by the third respondent against the applicant
previously dismissed –found that the proceeding was not
conducted by the applicant in a vexatious way that unnecessarily
disadvantaged the third respondent – third respondent
subsequently sought an order in the nature of a Sanderson order
that her costs be paid the second respondent – costs so
awarded.
Handler v Casey [2019] VSC
599
APPEAL – leave to appeal – appeal from
Victorian Civil and Administrative Tribunal –
self-represented litigant – whether denial of procedural
fairness – whether real prospect of success on appeal –
Residential Tenancies Act 1997 (Vic) ss 85, 86, 88;
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
s 148 considered.
EVIDENCE – evidence gathered pursuant to notice of entry of
premises – whether notice of entry validly served –
whether evidence obtained illegally or improperly – whether
tribunal member erred in admitting evidence – whether real
prospect of success on appeal – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) s 148; Evidence Act
2008 (Vic) s 138 considered – Bunning v Cross
[1978] HCA 22; (1978) 141 CLR 54 referred to.
RESIDENTIAL TENANCIES ACT – premises contaminated by
methamphetamine residue – whether premises 'unfit for
human habitation' – whether premises dangerous in their
ordinary use – whether real prospect of success on appeal
– Residential Tenancies Act 1997 (Vic) s 245
considered - Summers v Salford Corporation [1943] AC 283;
Gray v Queensland Housing Commission [2004] QSC 276;
Price v Johnson [2014] VCAT 581 referred to.
Rose v Hoare (Building and Property)
[2019] VCAT 1343
Water Act 1989 – s.16 – unreasonable
flow of water – water entering dwelling unit from above
– claim against owners of unit on next floor – claim
admitted as to part of the premises but denied in regard to
bathroom - whether the flow to bathroom is from that unit or from
the roof space – evidence – onus of proof on the
Applicant to establish knowledge by Respondents of want of repair
and failure to effect repairs to prevent flow in a reasonable time
– evidence equivocal – claim not established –
damages – whether amount expended by the Applicant was a
repair or renovation – betterment - whether allowance should
be made for Applicant's own labour.
The Applicant's claim against the Respondents for damages with
respect to water penetration into the ensuite of the
Applicant's Unit in Princes Street in St Kilda is
dismissed.
ID-FLK Gisborne Pty Ltd v Macedon Ranges
SC (Red Dot) [2019] VCAT
1336
NATURE OF CASE Whether VCAT has the power to amend and/or
consider a version of a Development Plan that differs from the
Development Plan that formed the basis of the responsible
authority's decision.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LEGISLATION
– interpretation or application of statutory provision -
Victorian Civil and Administrative Tribunal Act 1998 s
127; whether a 'a document in the proceeding' includes a
document that existed prior to the proceeding; relevance to a
'secondary consent' review under Planning and
Environment Act 1987 s 149; decision in TC Rice Pty Ltd v
Cardinia SC (Red Dot) considered and distinguished.
Eaton v Rare Nominees Pty Limited
[2019] QCA 190
EQUITY – GENERAL PRINCIPLES – FIDUCIARY
OBLIGATIONS – FIDUCIARY DUTY – SCOPE GENERALLY –
where a company, of which the appellant was the sole director and
controlling mind, and the respondent, entered into a joint venture
agreement for the development of an "Asset", being a
piece of land, and the sale of serviced residential lots –
where the appellant's company was the proprietor of the
"Project" and the respondent was one of a number of
contributors to it.
BWP Management Limited v Valuer-General
[2019] QLAC 4
NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – PROOF AND
EVIDENCE – BURDEN OF PROOF – where the appellant argued
the Member at first instance erred in applying the onus of proof
under the Land Valuation Act 2010 – where the Court
found the Member correctly applied the onus.
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – GENERALLY – whether a sale
must meet the requirements of s 18 of the Land Valuation Act
2010 to be considered a relevant sale for a comparable sales
analysis – where the Court found s 18 does not apply to
comparable sales.
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW
Land Valuation Act 2010 Qld s 18, s 23, s 169.
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd
& Ors [2019] QCA
184
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES
– RIGHT OF APPEAL – WHEN APPEAL LIES – FOR BIAS
IN JUDICIAL PROCEEDINGS – where applications for mining
leases and an amendment to an environmental authority to expand a
mine owned by Acland were referred to the Land Court ––
where Acland accepts that it elected to waive its right to make an
application for the Member to disqualify himself following the 2
February 2017 hearing – whether the Member's reasons for
the recommendations raise a fresh apprehension of bias.
ENERGY AND RESOURCES – WATER – WATER MANAGEMENT –
SUBTERRANEAN WATER – where applications for mining leases and
an amendment to an environmental authority to expand a mine owned
by Acland were referred to the Land Court – where s 269(4) of
the Mineral Resources Act 1989 (Qld) and s 191 of the
Environmental Protection Act 1994 (Qld) provide the
relevant considerations the Land Court is required to take into
account – where the Member determined that the Land
Court's jurisdiction permitted it to consider the effect of the
proposed mining operations upon groundwater in the area –
where there is a separate provision under s 206 of the Water
Act 2000 (Qld) to apply for a licence that would permit the
holder of a mining tenement to interfere with water under the
relevant land – where the learned primary judge, on judicial
review, found that due to the separate statutory authority
concerning the interference of groundwater, the Land Court did not
have jurisdiction to consider the impacts upon groundwater –
where the statutory regime has been amended following Acland's
application for judicial review so as to include interferences with
groundwater as a relevant consideration under referrals to the Land
Court from the Mineral Resources Act and Environmental
Protection Act – whether the Land Court, in this matter,
had jurisdiction to consider the impact of the proposed mining
operation on groundwater.
Environmental Protection Act 1994 Qld s 190, s 191;
Mineral Resources Act 1989 Qld s 269; Water Act
2000 Qld s 206.
Haines v Smith & Anor [2019] QLC
36
ENERGY AND RESOURCES – MINERALS – MINING FOR
MINERALS – TITLES: RIGHTS, PERMITS, LICENCES AND LEASES ETC
– where mining leaseholder applies for variation of access
for mining lease.
Land Court Rules 2000 Qld r 36A; Mineral Resources Act
1989 Qld s 317
Haines v Smith & Anor [2019] QLC
35
ENERGY AND RESOURCES – MINERALS – MINING FOR
MINERALS – COMPENSATION – where mining leaseholder
applied for Land Court to determine compensation – where
subject land used for grazing – where parties filed
compensation statements unsupported by evidence – where Court
relies on previous determinations to reach a compensation
figure
Land Court Rules 2000 Qld r 36A; Mineral Resources Act
1989 Qld s 279, s 279A, s 281
Bettson Properties Pty Ltd & Anor v Tyler
[2019] QCA 176
REAL PROPERTY – RESTRICTIVE COVENANTS – OTHER
MATTERS – where the respondent installed solar panels on the
roof of her home without obtaining the prior consent of the
appellants as required by a provision of the contract under which
the house was purchased – where the appellants sought to
enforce the relevant provision by requiring the respondent to
remove or relocate the solar panels – where the primary judge
held that the provision in question was deprived of force and
effect by sections 246Q and 246S of the Building Act 1975
(Qld) – whether sections 246Q and 246S of the Building
Act 1975 (Qld) applied to deprive the relevant contractual
provision of its force and effect.
Acts Interpretation Act 1954 Qld s 14A; Building Act
1975 Qld s 246L, s 246O, s 246Q, s 246S
Wu & Anor v Yu; Yu v Wu [2019]
QCA 175
REAL PROPERTY – TORRENS TITLE – UNREGISTERED
INTERESTS – EQUITABLE ESTATES AND INTERESTS – OTHER
MATTERS – where the respondent successfully claimed at first
instance an unregistered equitable interest in a property of which
the appellant was the registered owner – where the funds used
to purchase the property came from a foreign company of which the
parties were the exclusive shareholders – where the
respondent submits that those funds belonged to him in a 60 per
cent share and therefore he has the same percentage interest in the
property on the basis of an express trust, proprietary estoppel, or
a constructive trust – where the appellant submits that those
funds belonged to him exclusively and therefore the respondent has
no interest in the property – where there was fault or lack
of disclosure on both sides, and neither side's witnesses were
assessed as clearly more credible than the other side's
witnesses – where there was some evidence about the
acquisition, occupation and mortgaging of the property, and the
distribution of funds by the company – whether there was
sufficient evidence to overcome the presumption that the appellant
had an exclusive interest in the property, as its registered owner
– whether the trial judge's decision to accept the
respondent's claim for a share of the property lacked a proper
evidentiary foundation.
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF
APPELLATE COURT – WHERE CONFLICT OF EVIDENCE – where
the respondent successfully claimed at first instance that he lent
money to the appellants, with the whole amount remaining unpaid
– where the appellants submit that the amount paid to them
was the repayment of a loan owing to them by the respondent –
where there was independent evidence to support the
respondent's case, but not the appellants' case –
whether the trial judge's decision to prefer the
respondent's case to the appellants' case was unsupported
by the evidence.
Cases to 09 September 2019
Waller Projects Pty Ltd v FW Estate Pty Ltd &
Ors [2019] QSC 221
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS
– INTERLOCUTORY INJUNCTIONS – where the plaintiff
contends its sole director entered into an oral "General
Agreement" with the sixth defendant (the sole director of the
fourth defendant), on behalf of their respective families, to
acquire and develop real estate jointly through a joint venture
vehicle, the "QD Joint Venture" – where the
plaintiff alleges that there was an opportunity for the QD Joint
Venture to acquire land at Jimboomba, but steps to bring this about
were unsuccessful – where the plaintiff alleges that the
sixth defendant continued to negotiate with the vendor of the land
by "secret negotiations" in breach of the QD Joint
Venture agreement – where the first defendant subsequently
became the registered owner of the land – where the plaintiff
claims that this occurred "in secret" from it and alleges
that the purchase was an opportunity diverted from the QD Joint
Venture – where the plaintiff alleges that the first
defendant and third defendant undertook a "secret
development" of the Jimboomba land, culminating in the sale of
the land to a third party – where the plaintiff claims that
the sixth defendant, and the fourth defendant through the sixth
defendant, acted in breach of the fiduciary duties owed under the
General Agreement in relation to the QD Joint Venture, and claims
an entitlement to half the proceeds of sale of the developed land
– where the plaintiff applied for an interlocutory injunction
restraining the defendants from paying out or distributing the
proceeds of sale of the land until final determination of the
plaintiff's claim in these proceedings – where, in order
to enable the sale of the property to proceed, consent orders were
made for the proceeds of sale to be paid into a solicitor's
trust account, and later into court, and the application for an
interlocutory injunction adjourned – where the defendants now
seek an order dismissing the application, and for payment of the
money out of court – where the defendants contend there is no
risk of any dissipation or disposal of the relevant defendants'
assets, there is no value to the plaintiff's undertaking as to
damages, some of the defendants are at risk of suffering loss if
the proceeds of sale remain in court, and there is prejudice to
unrelated third parties – where the first and second
defendants have offered undertakings not to diminish the combined
value of their assets below an amount representing half the profits
payable to the first defendant, pending further order of the court
– whether the plaintiff has made out a prima facie case for
the relief it seeks – whether, in any case, the balance of
convenience favours the grant or refusal of the injunction.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION OF
DOCUMENTS – GENERAL MATTERS – GENERAL PRINCIPLES
– where the plaintiff brings a cross-application seeking
production of various documents and disclosure of certain
information by the defendants – where the defendants oppose
parts of the application on the basis that disclosure has not yet
been undertaken, the very broad range of documents sought, and that
the inquiry as to certain information appears to be a fishing
exercise – whether orders should be made in the terms sought
by the applicant.
Deathridge v McNaught [2019] QDC
165
APPEAL – DECISION BY MAGISTRATES COURT – CLAIM
FOR LOSS OF RENT – STEP IN THE PROCEEDING – where
defendant appeals in relation to a claim for loss of rent by the
plaintiff – where plaintiff and defendant own adjoining land
- where plaintiff claims to have suffered loss of rent as a result
of damage to property following collapse of retaining wall which
separates the two properties – where plaintiff maintains that
the parties' attendance at an unsuccessful settlement
conference was last step in the action – whether such an
event is a step in the proceedings.
Uniform Civil Procedure Rules 1999 Qld rr 271, 444, 467, 489,
523
Brassgrove KB Pty Ltd v Brisbane City Council
[2019] QPEC 42
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION
– DECLARATORY PROCEEDING – where the Applicant's
development approval for demolition of a pre-1947 house had lapsed
– where the Applicant failed to make an application to extend
the development application before the lapse – where the code
with respect to demolition in the planning scheme had been
materially amended since the approval was given – whether the
court should excuse the failure to make an extension application
– whether the court should order the demolition approval to
be taken to be effective.
Acts Interpretation Act 1954 Qld s 49A; Planning Act
2016 Qld s 86, s 87; Planning and Environment Court Act
2016 Qld s 7, s 11, s 37
Legislation
Commonwealth
Bills
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land.
Regulation
National Capital Plan – Amendment 93 – City and Gateway Urban Design Provisions Technical Changes
12/09/2019 - This instrument amends the National Capital Plan (December 1990) by introducing transitional provisions to address development applications submitted to the Territory planning authority prior to the commencement of National Capital Plan – Amendment 91 – City and Gateway Urban Design Provisions, and by clarifying design provisions concerning permitted building lengths, and balconies and balustrades.
Queensland
Bills
Transport Legislation (Road Safety and Other Matters) Amendment
Bill 2019
Introduced by: Hon M Bailey MP on 13/02/2019 Stage reached: Passed
on 4/09/2019
An Act to amend the Heavy Vehicle National Law Act 2012,
the State Penalties Enforcement Act 1999, the Traffic
Regulation 1962, the Transport Infrastructure Act 1994,
the Transport Infrastructure (Dangerous Goods by Rail) Regulation
2018, the Transport Operations (Marine Pollution) Act
1995, the Transport Operations (Road Use Management) Act
1995, the Transport Operations (Road Use
Management—Dangerous Goods) Regulation 2018, the Transport
Operations (Road Use Management—Driver Licensing) Regulation
2010 and the Transport Planning and Coordination Act
1994.
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.