Property & Projects - What's News - 15 April 2013

In the media – National

ACCC data shows that fewer farmers are leaving irrigation in the Murray Darling Basin
The ACCC has released its third annual Water Monitoring Report for the Murray-Darling Basin (MDB) under the Water Act 2007. The report shows that farmers are seeing the benefits of a water market that allows water trading to meet the needs of variable rainfall (03 April 2013) More...

Commercial retail proves its resilience
The retail property sector has proven to be the most resilient commercial property sector in the global financial crisis, when compared to the industrial and office markets, according to a report from Savills Research (01 April 2013) More...

Data-matching crackdown over residential and commercial property sales by ATO
The Australian Tax office will use new data-matching technology to closely scrutinise residential and commercial property sales to ensure tax payers paid the correct amount of tax (26 March 2013) More...

In the media – Victoria

EPA updates guidelines around buffer zones
EPA has released new separation distance guidelines, assisting developers, local councils and the general public understand environmental risks associated with certain planning and development decisions (04 April 2013) EPA updates guidelines around buffer zones

Strong building and retail trade results for Victoria
Strong building approval and retail trade results announced by the Australian Bureau of Statistics (ABS) demonstrate the strength of the Victorian economy, according to the Treasurer Michael O'Brien (04 April 2013) Strong building and retail trade results for Victoria

Streamlined approvals process to benefit business and the economy
Businesses and the Victorian economy are set to benefit from a fairer and more predictable approval system with the release today of EPA Victoria's Approvals Review Final Report (04 April 2013) Streamlined approvals process to benefit business and the economy

ARA & Small Business Commissioner partner to help retailers negotiate leases
The Australian Retailers Association (ARA) will be helping Victorian retailers empower themselves to successfully negotiate a retail lease in a series of retail tenancy workshops in April and May, all to be attended by Victorian Small Business Commissioner (03 April 2013) More...

Melbourne property market softer than other capital cities: RBA
The Melbourne property market looks softer compared with other capital city markets, the Reserve Bank of Australia has noted in its March 2013 Financial Stability Review (28 March 2013) More...

In the media – New South Wales

Delays in DAs highlighted need for new system Delays in council approval times for new housing, renovations and commercial construction highlights the urgent need for a new planning system in NSW, according to the NSW Minister for Planning and Infrastructure with the release of the Local Development Performance Monitoring Report for 2011-12 (30 March 2013) More...

North West Rail Link corridor strategy open for comment
The NSW Government has invited residents to four consultation sessions so they can learn more, and have their say, about the North West Rail Link (NWRL) corridor strategy (25 March 2013) Have your say on the North West Rail Link corridor strategy.

State Government unlocks land in 'Paper Subdivisions'
The NSW Government has released new guidelines to help thousands of small landowners who have been unable to sell or build on their property for decades. When properties were originally subdivided, no land was allocated for infrastructure, making it virtually impossible for legitimate development to occur (25 March 2013) Government unlocks land in 'Paper Subdivisions'

In the media – Queensland

Carbon farming credits (ACCUs) approach 400,000
According to the Clean Energy Regulator 393,451 Australian Carbon Credit Units (ACCUs) have been issued as part of the Carbon Farming Initiative between 1 January 2012 and 31 March this year (04 April 2013) More...

ESG impact study: risks can wipe $21.4bn off sharemarket
According to an ESG impact study on ASX-listed companies by Credit Suisse Mismanaging the risks associated with Environment, Social and Governance (ESG) issues can cost businesses as much as $21.4 billion (28 March 2013) More...

Solar leasing plan to fuel new industry boom
An Australian community group has launched a solar leasing initiative aimed at helping consumers avoid the often hefty upfront costs of converting to solar energy (27 March 2013) More...

Australia low-carbon competitiveness improves as Asia takes centre stage
Asia, especially China, is taking centre stage in preparedness for the low-carbon economy, with Australia staging a fragile reversal in its previously declining low-carbon competitiveness. These are the two key conclusions of the updated Climate Institute/GE Low-Carbon Competitiveness Index (26 March 2013) More...

Queensland Globe spatial data opens up world of possibilities
The launch of a new computer program will open up a vault of spatial data and provide countless opportunities across the property, development, education and tourism sectors, with data including land tenure status, property boundaries, postcode, locality or electoral boundaries to the popular and readily available Google Earth (03 April 2013) More...

Commonwealth Games Village requires development partner
The Queensland Government is seeking a development partner for the Commonwealth Games Village for the Gold Coast 2018 Commonwealth Games. It today initiated an Expressions of Interest process for the development (04 April 2013) More...

Greentape reduction measures come into effect
The changes streamline application and approval processes under the Environmental Protection Act 1994, remove licence requirements for 20 environmentally relevant activities and introduce a new category of small scale mining activity which does not require an environmental authority (02 April 2013) More...

Draft Wet Tropics Water Plan released for public comment
A draft plan to establish a robust water allocation and management framework for the Wet Tropics region was released by the Queensland Government. The draft plan defines water allocation security objectives and clearly specifies entitlements and environmental flow objectives (28 March 2013) More...

$100,000 for Gulf Savannah project
The Deputy Premier and Minister for State Development, Infrastructure and Planning has announced funding for the Gulf Savannah Development Regional Investment and Migration Project (RIMP), to make one regionally significant infrastructure priority 'investment-ready' and promote investment opportunities (26 March 2013) More...

Published – articles, papers, reports – Queensland

Third annual Water Monitoring Report for the Murray-Darling Basin (MDB)
Australian Competition and Consumer Commission
This report shows that farmers are seeing the benefits of a water market that allows water trading to meet the needs of variable rainfall. The report also details a number of other issues, in particular: infrastructure pricing and investment, water trading activity, and water planning and management charges imposed by government entities (03 April 2013) More...

Monitoring of South-East Queensland Retail Water and Wastewater Prices and Costs for 2012-13
Queensland Competition Authority (QCA)
"The report concludes three years of price monitoring of Queensland Urban Utilities (QUU) and Unitywater by the QCA The 2012-13 report finds that there is no evidence that QUU and Unitywater are exercising market power (02 April 2013) More...

Climate Institute/GE Low-Carbon Competitiveness Index Factsheet
The Climate Institute
The Low Carbon Competitiveness Index provides an important picture of the competitiveness of the G20 countries (March 2013) More...

In practice and courts – Queensland

Filling the Research Gap program funding
The Program aims to provide data to assist in developing methodologies that help farmers and landholders participate in the Carbon Farming Initiative to reduce emissions, improve their farm sustainability and diversify their farm income. Recipients are outlined here (03 April 2013) More...

Cases – Victoria

Violet Homes Loans Pty Ltd v Schmidt & Anor [2013] VSCA 56
UNCONSCIONABLE CONDUCT – Mortgage originator acting as agent for lender – Fraudster supplying false application and income declaration for borrower to finance broker who submitted documents to mortgage originator and fund manager – Borrower not consciously responsible for inclusion of false information – Application and declaration contained different income figures for borrower and did not include ABN – Mortgage originator asked for ABN and stated that income figures in forms needed to be the same – Application and declaration re-submitted with reduced income figure below threshold requiring ABN – No direct contact between borrower and finance broker, mortgage originator, fund manager or lender – Employee of mortgage originator who processed application available but not called – Conduct of mortgage originator unconscionable – Orders against lender and mortgage originator accordingly – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB(1); Tonto Home Loans Australia Pty Ltd v Tavares (2011) 15 BPR 29 considered. FINANCIAL SERVICES – Supply of financial services to a consumer – Loan of type used for personal investment - Services of a kind ordinarily acquired for personal, domestic or household use – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB(5) More...

Cases – Queensland

Knott Investments Pty Ltd & Ors v Fulcher & Ors [2013] QCA 067
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – WARRANTIES – where the second respondent, a company controlled by the first respondents, entered into a contract of sale with the second appellant for the purchase of a Winnebago – where an air conditioning unit installed in the Winnebago caught fire and substantially destroyed the shed, and the contents of the shed, in which it was parked – where, following the fire, the first respondents elected to sell the farm land on which the second respondent conducted a tomato farming business – where the second appellant was held liable to the second respondent for breach of an implied warranty under s 71 of the Trade Practices Act 1974 (Cth) and s 17 of the Sale of Goods Act 1896 (Qld) – where the appellants were ordered to pay the second respondent damages for damage to property and economic loss – whether the second respondent's economic loss following the sale of the farm land was caused by the breach of the implied warranty. DAMAGES – GENERAL PRINCIPLES – MITIGATION OF DAMAGES – PLAINTIFF'S DUTY TO MITIGATE – where the second respondent, a company controlled by the first respondents, conducted a tomato farming business – where a fire destroyed the packing shed and plant – where, following the fire, the first respondents elected to sell the farm land on which the second respondent conducted its tomato farming business – where the primary judge held that the second respondent's loss of income was caused by the fire, notwithstanding the sale of the land – whether the loss of profits from the tomato farming business after the sale of the farm land were caused by the fire – whether the second respondent failed to mitigate its loss by not recommencing the tomato farming business – whether the loss of sugar cane revenue was caused by the sale of the farm land or the wrongful conduct of the appellants – whether the first respondents, by selling the land, received a windfall which should have been brought into account. More...

Wright v KB Nut Holdings Pty Ltd [2013] QCA 066
TORTS – NEGLIGENCE – DANGEROUS PREMISES – INJURIES TO PERSONS ENTERING PREMISES – WHERE ENTRY PURSUANT TO CONTRACT – where the appellant and the respondent entered into a contract under which the respondent agreed to let the appellant and her family reside in serviced apartments for reward – where the appellant tendered DVD evidence of the filthy state of the apartment – where the internal stairs were dirty and sticky and had a build up of dust, hair and fluff where the risers joined the treads – where the appellant suffered a needle stick injury which caused her psychiatric impairment while cleaning the stairs – where the appellant claimed damages for breach of contract, negligence and for breach of a contractual term implied pursuant to s 74(1) of the Trade Practices Act 1974 (Cth)– whether the respondent was negligent. APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – FINDINGS ON ISSUE OF NEGLIGENCE – GENERALLY. More...

Christopher Ian Slater and Sharyn Patricia Slater v Victor John Edward Appleton and Janet Anne Appleton [2013] QLC 13
The original compensation in each mining lease is confirmed. MINING – COMPEN SATION - right to have compensation reviewed if change of circumstances of lease - what can permit review - Mineral Resources Act 1989 , s.283B ; Environmental Protection Act 1994 , s.149 More...

Ms Heerak Jong v Beevers Real Estate [2013] QCAT 090
MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY – section 429 general dispute between lessor and tenant about a general tenancy agreement – where applicant claims rental bond upon completion of obligations arising from the Residential Tenancy Agreement – where respondent claims compensation for cleaning and damage to property and rental arrears. More...

Legislation – Queensland

Commonwealth Legislative Instruments
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) No 17 of 2013
An Act to amend various Acts relating to agriculture, fisheries and forestry, and for related purposes administered by: Agriculture, Fisheries and Forestry Date of Assent 27 March 2013 (04 April 2013) More...

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