In the media
Victoria
Port of Hastings expansion is declared under the Major
Transport Projects Facilitation
Minister for Ports David Hodgett, speaking in Parliament today,
announced a major milestone for the Port of Hastings expansion with
the project being declared under the Major Transport Projects
Facilitation Act 2009 (29 May 2014).
More...
Key reforms to streamline bushfire
regulations
Significant changes to Victoria's bushfire planning
regulations were announced this week, giving greater certainty to
residents and landowners in bushfire designated areas. A new
$700,000 Bushfire Planning Assistance Fund will enable affected
landowners and councils to streamline planning processes. The
statewide amendment will be implemented shortly (29 May 2014).
More...
More jobs and opportunities created by a strategic site
in Melbourne's west
A major milestone for the redevelopment of a site half the size of
the Melbourne CBD has been passed following the official gazettal
of the rezoning of approximately 72 hectares of strategically
located Orica land at Deer Park in Melbourne's west (23 May
2014).
More...
Queensland
Major reforms to boost resources and protect
landholders
A new Mineral and Energy Resources (Common Provisions) Bill 2014
proposes a consistent framework across all resources types to
provide landholders and resource companies with greater clarity
about their rights and obligations for gaining access to private
land near residences and other infrastructure (05 June 2014).
More...
Jobs and construction industry to flow from new planning
Act
The Sustainable Planning (Infrastructure Charges) and Other
Legislation Amendment Act 2014 provides for new funding avenues for
local governments for priority infrastructure projects, and
introduces a 'fair value schedule of infrastructure
charges' that reflected the cost of infrastructure required to
allow new residential, commercial and industrial developments to
take place (05 June 2014).
More...
Life made easy for Queenslanders buying off the
plan
After extensive consultation with the property industry,
administrative processes will be streamlined to avoid the need for
complicated forms, and duplicated disclosure obligations will be
removed. Buyers and sellers will also be given the freedom to make
their own contractual agreement on small non-community title
developments of 5 lots or less (05 June 2014).
More...
Queensland councils demand legislative cover from rates
litigants
Councils in Queensland are worried that their ability to use
differential rating is directly under threat after a Supreme Court
judgement found Mackay Regional Council's decision to impose
higher charges on investment properties was legally
"invalid" (03 June 2014).
More...
Changes to Queensland drought declared
areas
Well-above average rainfall in the northern coastal areas of
Queensland has seen drought declarations in Burke, Carpentaria and
Doomadgee Shires revoked. However the Charters Towers Regional
Council area would become fully drought declared as the dry weather
conditions continued in the region (26 May 2014).
More...
In practice and courts
Queensland
Water Act 2007 Review
The overarching focus of the Review is to consider whether the
Water Act is delivering on its objectives effectively and with the
minimum necessary regulatory burden imposed on the water industry,
water managers and irrigators. Submissions close Friday 4 July 2014
(19 May 2014).
Review of the Water Act 2007
Cases
Victoria
Lyon v Howard [2014] VSC 84
TRUSTS – Resulting trust – Contribution to purchase
price of property – Whether "gift" or
"investment" – Relevance of nondisclosure of
beneficial interest to government authorities to the grant of
discretionary relief - Quantification of beneficial interest. More...
Heislers v Melbourne Water Corporation [2014] VCAT
632
Compulsory acquisition of easement as part of creation of water
pipe linking Melbourne to new desalination plant at Wonthaggi;
easement running parallel and just in from rear boundary of review
site; parties in dispute about quantum of compensation; dispute
brought to Tribunal for resolution. The amount of compensation
payable by the Respondent to the Applicant arising from the
compulsory acquisition of the easement at the rear of the property
at 3882 Bass Highway Kilcunda is assessed at $230,798.26. More...
Boz One Pty Ltd & Anor v McLellan & Ors [2014]
VSC 208
REAL PROPERTY - Mortgages – Mortgagee's duty –
Whether all reasonable steps taken to obtain market value –
Duty and breach under s 420A Corporations Act 2001 (Cth) –
Whether appropriate remedy damages or taking of accounts. More...
Fortuna Fountain Pty Ltd v Dato Lim Jew Siang
Investments Pty Ltd (Retail Tenancies) [2014] VCAT
536
Retail premises lease-Law Institute of Victoria May 2000
Revision-rental review provisions contained in clause 11-
consideration of notice provisions in clause 14- whether the tenant
had demonstrated that it gave notice by post to the landlord under
clause 14-landlord alleged non-receipt-insufficient evidence of
postage by tenant-notice also sent by the tenant by facsimile to
the solicitor known to be acting for the landlord-found that notice
by facsimile under clause 14 had been duly given by the
tenant-whether landlord had subsequently duly objected to the
proposed rent, found that landlord had done so-with the consequence
that rent for the review period is required to be determined under
clauses 11.1.3-11.5 of the lease. More...
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