In the media – National
Overwhelming business support for carbon
price
A new AECOM report shows overwhelming business support for a price
on carbon. The report, commissioned by Businesses for a Clean
Economy, found that 88 per cent of the 180 businesses surveyed
wanted a price on carbon to address climate change, with 65 per
cent favouring an emissions trading scheme, and 29 per cent
favouring a fixed price (19 August 2013). More...
Westpac–BREE joint publication outlines Chinese
developments
The Bureau of Resources and Energy Economics (BREE) and Westpac
Institutional Bank (Westpac) launched the inaugural
Westpac–BREE China Resources Quarterly 2013. This is intended
to become the primary reference point for decision makers seeking
to understand developments in the Chinese economy, with special
reference to the resources and energy sectors (15 August 2013).
More...
Savill: big shopping centre deals back on the
table
Savills latest research highlights that shopping centre
transactions across the country hit $5.3 billion in the 12 months
to June 2013, up from $3.9 billion the previous year (12 August
2013).
More...
In the media – Victoria
Planning for a 21st century Melbourne CBD
Central Melbourne's future as a hub for urban renewal, jobs
and greater liveability will be further enhanced following Minister
for Planning Matthew Guy's approval of the City of
Melbourne's new Municipal Strategic Statement (MSS) (16 August
2013).
More...
Green Wedges to thrive from Planning Zone
Reform
The Minister for Planning announces the final step in
Victoria's Zone Reform package which includes changes to the
two Green Wedge Zones aimed at strengthening their agricultural
credentials. These reformed Green Wedge Zones will be released as
part of the Rural Zone reforms and will be gazetted on 5 September
2013 (14 August 2013).
More...
In the media – New South Wales
Housing construction at a ten year high: new homes up
35% on last year
The number of new homes being built in Sydney has jumped by more
than a third in a year hitting a ten year high, indicating the NSW
Government's policies to boost the housing sector are working,
according to the NSW Premier (24 August 2013).
More...
In the media – Queensland
Green light for new building industry
regulator
The Housing and Public Works Minister said that the Commission
will replace the Queensland Building Services Authority (BSA) and
will be responsible for licensing, dispute resolution and the Home
Warranty Scheme, with internal divisions firewalled from each other
to prevent any conflict of interest. (23 August 2013).
More...
Ports back to pre-GFC coal volumes
Queensland's coal passing through the major ports has returned
to pre-GFC and pre-flood production in a further sign of a
strengthening economy. The 16.257 million tonnes (Mt) of coal that
moved through Queensland ports last month was the highest July
total ever recorded (22 August 2013).
More...
National Parks group worried about Qld Government's
'make money' ecotourism policy
The National Parks Association of Queensland (NPAQ) says it is
outraged the State Government openly admits it wants to "make
money" from opening up national parks for eco-resorts (20
August 2013).
More...
Grazing stations under receivers in
Queensland
Receivers have been appointed to three major cattle stations owned
by grazing company Dunrossie in central west Queensland after
mortgage payments were not met (19 August 2013).
More...
State review to modernise Queensland Property
Law
The Newman Government is partnering with the Queensland University
of Technology to review the State's property law to ensure a
more streamlined and common sense approach to how Queenslanders
buy, sell and manage property (15 August 2013).
More...
QPS crackdown on property offences
Police Minister Jack Dempsey has announced a Queensland Police
Service (QPS) taskforce targeting property offences has laid more
than 700 charges since being formed on 1 July 2013 (13 August
2013).
More...
Published - articles, papers, reports – National
Coal and gas mining in Australia: opportunities for
national law reform
The Australia Institute (TAI)
This report identifies existing Commonwealth law and policy
relevant to the regulation of coal mining and unconventional gas
exploration and production in Australia (21 August 2013).
More...
In practice and courts – National
Release of the Pre-Election Economic and Fiscal Outlook
(PEFO) release
Under the requirements of the Charter of Budget Honesty Act
1998, the Pre-Election Economic and Fiscal Outlook (PEFO) was
released on 13 August 2013. The document is available on the
Treasury website at www.treasury.gov.au and on
the Department of Finance and Deregulation website at www.finance.gov.au (13 August
2013).
More...
In practice and courts – Queensland
QCA: Review of Minimum Service Standard and Guaranteed
Service Level Arrangements to Apply in Queensland from 1 July
2015
The Authority has commenced its review with the release of a
Discussion Paper setting out the key issues for consideration. The
Authority invites stakeholder submissions on its Discussion Paper.
The closing date for submissions is y 27 September 2013 (22 August
2013).
More...
Reminder: Queensland Plan submissions close 30
August
Queenslanders only have two more weeks to contribute to The
Queensland Plan and join more than 33,000 people who have provided
their views to date on where they want their state to be in 30
years' time. Visit the Queensland Plan website at www.queenslandplan.qld.gov.au
(16 August 2013).
More...
Queensland Property Law Review 2013
The first two issue papers include seller disclosure requirements
and body corporate lot entitlements will be released early in the
New Year.
More...
In practice and courts – Victoria
Reformed Rural Zones
The Minister for Planning has released the advisory committee
report, government's response, fact sheet and the final
reformed rural zones. The new zones include the Farming Zone,
Rural Living Zone, Rural Activities Zone, two Green Wedge Zones and
the Rural Conservation Zone. The approved of these changes will be
gazetted on 5 September 2013 (15 August 2013).
Cases – Victoria
Mashane Pty Ltd v Owners Corporation RN 328577 [2013]
VSC 417
OWNERS CORPORATIONS – Appeal from Victorian Civil and
Administrative Tribunal on question of law – Whether process
for levying fees for works with differential benefits to lot owners
acceptable – Whether maintenance fund can be used for works
not strictly in accordance with maintenance plan – Leave to
appeal allowed – Appeal dismissed – Owners Corporations
Act 2006 ss 23, 24, 28, 41, 43, 44 and 49. More...
Cossari Smith Pty Ltd v P-Value Pty Ltd and Ors [2013]
VSC 397
Contract – Sale of business – Whether ownership of
fixtures, fittings and equipment passed to purchaser of freehold
– Whether plaintiff had claim for unjust enrichment or
restitution – Whether plaintiff had concluded agreement with
first defendant that the first defendant would make any future
lease to a tenant conditional upon that tenant purchasing fixtures,
fittings and equipment from plaintiff. More...
Lend Lease Development Pty Ltd v Commissioner of State
Revenue [2013] VSCA 207
STAMP DUTY – Assessment – Dutiable value of dutiable
property – Consideration for the dutiable transaction –
Transfer of seven parcels of land – Nexus required between
consideration and the dutiable transaction – Money or value
passing which 'moves the transfer'– Archibald Howie
Pty Ltd v Commissioner of Stamp Duties (NSW) [1948] HCA 28; (1948)
77 CLR 143 – Assessment calculated on the basis that
consideration included contribution payments, under a development
agreement, for external infrastructure, integrated public art,
Grand Plaza and other matters not on land transferred –
Bambro (No 2) Pty Ltd v Commissioner of Stamp Duties (1963) 63 SR
(NSW) 522, Chief Commissioner of State Revenue v Dick Smith
Electronics Holdings Pty Ltd (2005) 221 CLR 496 – Duties Act
2000 (Vic), s 11, 20(1), s 21(1), 25(1) – Appeals allowed.
STAMP DUTY – Application to expand case beyond grounds of
disallowance – Taxation Administration Act 1997 (Vic), s 109
– 'Encumbrance' – Duties Act 2000 (Vic), s
21(1). More...
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