In the media
Greystar's $1.3bn build-to-rent bet
US build-to-rent specialist Greystar has secured its
largest capital raising to date to support new projects being
rolled out within Australia's emerging build-to-rent sector (11
February 2021).
More...
The house always wins: Homes outstrip unit sales
Corelogic estimates that for every 1 unit sold over the
year, there were 2.9 house sales across Australia (11 February
2021).
More...
Green makeover for lifestyle villages and holiday?parks
to cut emissions and energy costs
A $75 million CEFC investment in affordable accommodation
for lifestyle and holiday communities will spur market-leading
sustainability measures across new and existing properties, helping
lower carbon emissions and reduce electricity costs (11 February
2021)
More...
New Home Sales fall as rush to HomeBuilder ends
New Home Sales in January 2021 were just 30 per cent of
the number of sales achieved in December 2020 (10 February 2021).
More...
'Unprecedented': East coast offices benefit from
January boom
The Agency's east coast operation recorded a 94 per
cent increase in listings across regional and metro markets in the
east coast, along with an 80 per cent increase in sales turnover
compared to the same time last year (09 February 2021).
More...
Empty offices didn't hurt Australia's biggest
landlord
Dexus, the country's largest office landlord, has
weathered the disruption to the CBD sector with a slight dip in its
interim earnings while confirming its full year distributions would
hold steady with the previous year's payout (09 February 2021).
More...
'Back to office' momentum continues
The latest survey of CBD occupancy by the Property Council
of Australia found that nearly all capital city CBDs were busier at
the end of January than they had been before Christmas (09 February
2021).
More...
PCA: Increased supply, reduced demand force office
vacancies up
Australian office vacancies have edged higher as COVID-19
has reduced demand for office space at the same time that
significant new supply has entered the market over the six months
to January 2021. Australia's office market vacancy rate
increased from 9.6 percent to 11.7 percent (04 February 2021).
More...
REIA lists 12 priorities for the Federal Government to
address in the Budget
Real Estate Institute of Australia is calling on the
Federal Government to address several key issues impacting the
property sector when it releases its May 2021 Budget (04 February
2021).
More...
Underinsurance is entrenching poverty as the vulnerable
are hit hardest by disasters
In Australia, where one in six children live in poverty,
significant rates of underinsurance entrench disadvantage and
hardship. This dynamic will worsen as the consequences of
unmitigated climate change unfold (04 February 2021).
More...
Will our regions thrive or dive under a Covid-induced
boom?
People are evacuating Australia's big cities in search
of affordable, comfortable regional living in droves (02 February
2021).
More...
Infrastructure assets get GRESB treatment with new
index
The Global Real Estate Sustainability Benchmark has
partnered with Global Listed Infrastructure Organisation to offer a
new index for infrastructure assets (01 February 2021).
More...
ACCC backs subsidies over cyclone reinsurance pool
Governments wanting to provide immediate relief to
consumers battling expensive premiums in cyclone-prone regions of
Australia should look at subsidies that can be clearly targeted,
the Australian Competition and Consumer Commission says (01
February 2021).
More...
Road to recovery 'can be long for regional
communities'
Regional communities can take years to recover
economically from natural disasters with the impacts often spilling
over to nearby regions. A report released by SGS Economics &
Planning and Suncorp Insurance highlights the importance of rapid
insurance payments and the need to protect regions from future
disasters (29 January 2021).
More...
2021-22 Federal Pre-Budget Submission
Urban Development Institute of Australia National has
lodged its 2021/22 pre-budget submission with the Commonwealth
Government. (29 January 2021). More...
'Post-recession rush' predicted for
Australia's commercial property
According to Colliers International, as a growing number
of workers return to their offices, vendors and investors are
expected to review acquisitions, with demand for office assets
expected to soar during what's usually a relatively quiet
period (29 January 2021).
More...
Victoria
Office occupancy begins its long journey back as
confidence builds in Melbourne's CBD
The Property Council of Australia's periodic Office
Occupancy Survey shows an increase from 13 per cent in December,
after reaching a low of 7 per cent in October, and reflects a
renewed confidence and the Victorian Government's safe and
progressive roadmap to the reopening of offices (09 February 2021).
More...
Docklands office tower gets green light
Digital Harbour Holdings' has plans to build a $195
million, 22-storey office building on the western edge of the
Docklands after receiving the final nod of approval. The state
minister for planning referred the application to council who voted
to support the plans at 208-226 Harbour Esplanade, Docklands at the
newly-rebranded City Harbour (09 February 2021).
More...
Ten year vision for social and affordable housing
The Andrews Labor Government is inviting Victorians to
have their say on social and affordable housing as part of a
10-year strategy that will ensure more Victorians have safe,
suitable and secure housing (09 February 2021).
More...
Outdoor dining embraced by Melbourne's hospitality
traders
Hospitality traders have embraced the City of
Melbourne's extended outdoor dining program with the majority
indicating their outdoor dining 'parklets' have helped them
reopen and maintain seating capacity (07 February 2021).
More...
BEKL's Southbank project gets council nod
Melbourne-based developer BEKL has been given the green
light by council to build a triple-segment tower in Southbank.
Deputy lord mayor Nicholas Reece commended the architects on the
design of the site and said there were some 47 objections that were
received for this proposal (04 February 2021).
More...
More funding to councils for outdoor dining
Minister for Local Government Shaun Leane announced an
additional $5 million for a second round of funding to enable
councils to continue to support their local hospitality venues. In
total, 54 councils have fast-tracked application and approval
processes for permits from venues (04 February 2021).
More...
Metropolitan Hotel gets makeover as new $70m boutique
tower
Developer Colin DeLutis is defying the work-from-home
trend and pushing ahead with construction of a 20-storey tower in
the heart of Melbourne's legal precinct (03 February 2021).
More...
Protecting our heritage from demolition
The Andrews Labor Government will introduce tough new laws
into the Parliament to strengthen Victoria's building system
and provide greater protection for heritage listed places. The new
provisions under the Planning and Environment Act 1987 will prevent
developers from benefiting from the unlawful demolition or neglect
of our precious heritage (02 February 2021).
More...
Delivering affordable homes in the South East
The Victorian Government is delivering more diverse
housing opportunities for purchasers in Melbourne's east, with
the first release of the Coomoora Springvale South residential
development launching (30 January 2021).
More...
Queensland
Office build bucking the trend in Brisbane's
fringe
In the face of ongoing office vacancy pressures,
Consolidated Properties is bucking the trend to speculatively build
a 15-storey office building in Brisbane (11 February 2021). More...
Queen's Wharf's luxury shopping to be the envy
of the nation
The $3.6 billion Queen's Wharf Brisbane confirmed it
will become one of the world's finest luxury shopping precinct
as Destination Brisbane Consortium announced it has secured a deal
with retail giant DFS which boasts a portfolio of 750 of the
world's most sought-after brands (09 February 2021).
More...
Brisbane approves wave of waterfront developments
Brisbane's city skyline will continue to transform
with a wave of major development projects receiving the official
tick of approval. (09 February 2021).
More...
REIQ: Beware of 'Zombie' and 'Phoenix'
commercial tenants, warns industry leaders
Real estate agents have been warned to watch for
'zombie' and 'phoenix' companies seeking new
commercial leases in the aftermath of the COVID-19 crisis. (09
February 2021).
More...
Quarry company fined for EA offences
A quarry company has been fined $60,000 in the Toowoomba
Magistrates Court after pleading guilty to two offences of the
Environmental Protection Act 1994 (09 February 2021).
More...
Brisbane historic riverside mansion Lamb House protected
from development under council planning amendments
The Brisbane City Council has approved planning amendments
that prevent the grounds of the heritage-listed, riverside mansion
from being developed (09 February 2021).
More...
'We haven't seen this in years': Brisbane
roads choked with 'alarming' congestion worse than
pre-COVID
Congestion on Brisbane's roads is now worse than
pre-COVID levels, largely due to the impact of coronavirus
restrictions and the reluctance of commuters to return to the
state's public transport network, Queensland's peak
motoring body says (09 February 2021).
More...
Marginal increase in office vacancy underlines the need
to support CBDs
The Property Council of Australia's latest Office
Market Report has reinforced the Brisbane office market's
resilience in the face of COVID-19, with only a moderate increase
in office vacancy seen over the six months to January 2021 (08
February 2021).
More...
Kangaroo Point residents question developer influence on
neighbourhood plan: Courts
Questions are being asked about the relationship between
developers and Brisbane City Council as angry Kangaroo Point
residents demand to know why a developer was allowed on a town
planning committee: An arrangement they say they knew nothing
about. (08 February 2021).
More...
Remote worker boom starting to squeeze locals out of
their home towns
A planning expert says popular regions are facing impacts
akin to a mining boom as a remote-worker influx pushes up house
prices and rents, potentially forcing out locals (08 February
2021).
More...
Charter Hall, QuadReal partner on Brisbane office
towers
In a bid to remain "flexible" in uncertain
times, Charter Hall has lodged two sets of plans for a significant
riverfront site in Brisbane's fast-growing North Quarter
precinct (04 February 2021).
More...
Give me land, lots of land - one in three want a tree
change, but job comes first
A survey commissioned as part of an inquiry into regional
Australia has found one in three people are now open to a tree
change – but the practicalities are more important than the
country ideals (03 February 2021).
More...
Building houses on basketball court-sized blocks
'better than nothing', says Gold Coast Mayor
Gold Coast Mayor Tom Tate says council will consider
releasing blocks of land as small as 400 square metres, in an
effort to boost the supply of housing (03 February 2021).
More...
Future of historic Brisbane property unclear after
developer buys 'incredible' riverfront site
The heritage-listed 1851 riverfront property Shafston
House in Brisbane has been sold to a property developer (03
February 2021).
More...
New owner plans to restore Brisbane's third-oldest
residence
State heritage-listed Shafston House is under new
management, with plans for a full restoration, apart from the
Shafston International College campus buildings, which will be
demolished (03 February 2021).
More...
Moreton Bay courts big tech for innovation hub
Moreton Bay Regional Council launched its Regional
Economic Development Strategy with the 460ha site at The Mill, a
key piece of greenfield development, earmarked for an innovation
and tech precinct (03 February 2021).
More...
Spyre Group lodges plans for Coolangatta tower
The Gold Coast's apartment market is gaining momentum
with local developers looking to take advantage of two-decades
highs as interstate home-hunters continue to prove a major buying
force (02 February 2021).
More...
Real estate professionals in demand as job vacancies
rise
As demand for property continues to grow in Queensland,
more career opportunities have become available in the real estate
sector. The Queensland property market showed positive growth in
2020 despite the national economic downturn that resulted from
COVID-19 (01 February 2021). More...
Koala habitat destroyed in Redlands after 100-year-old
gumtrees bulldozed
A koala habitat with 100-year-old gum tress on private
land in the bayside suburb of Ormiston, east of Brisbane, is
bulldozed to the ground, with locals saying the destruction was
preventable and shows the council and Queensland Government value
development over conservation (29 January 2021).
More...
Published – articles, papers, reports
Australian Bureau of Statistics
Private sector house approvals rose for the sixth consecutive
month in December, seasonally adjusted, and reached a record high
according to data released by the Australian Bureau of Statistics
(03 February 2021).
More...
Building Approvals, Australia, December 2020
Productivity Commission: Report on Government Services
2021
The annual Report on Government Services provides
information on the equity, effectiveness and efficiency of
government services in Australia (January).
More...
In practice and courts
Commonwealth
Product Emissions Standards survey
We are asking businesses and other members of the
community about their experiences working with the Product
Emissions Standards. This feedback will help us improve the scheme.
To have your say
take our survey now.
Submit your feedback by 28 February 2021.
Announcements, Draft Policies and Plans released 2021
NSW Planning and Environment Court
Registrar General: New single-party eLease
available
From 6 February 2021 a new single-party electronic lease
dealing form will be available through Property Exchange Australia
(08 February 2021).
More...
Strata statutory review: Consultation now open
The Government has commenced a wide-ranging review of the
laws affecting strata schemes under the
Strata Schemes Management Act 2015 and the
Strata Schemes Development Act 2015.
Public consultation is now open and will close on
7 March 2021. Please visit the
Have your say - strata statutory review website to access the
Strata Discussion Paper and for surveys on management and
development issues.
Registrar General: Timetable to digital survey plans in
NSW launched
Some important deliverables in the next 12 months
are:
July 2021: Surveyors will be able to create survey plan workspaces
in the NSW Land Registry Services (LRS) portal and
pre-fill titling documents online
End of 2021: Move to 100 per cent online lodgment along with new
NSW LRS portal tools that make it easier for surveyors to lodge
digital survey plans.
More...
NSW Revenue: Land tax build to rent
The NSW Government is introducing a land tax discount for
new build-to-rent housing projects until 2040 and a new Housing
Diversity SEPP to provide more housing options, greater surety for
renters, boost construction and support jobs during the COVID-19
recovery.
Queensland
P&E Court: Updated COVID-19 arrangements
The Planning & Environment Court has revised its
temporary COVID-19 arrangements (02 February 2021).
More...
Report on post implementation review of Strong and
Sustainable Resource Communities Act
Open to 30 April 2021- Department of State Development,
Manufacturing, Infrastructure and Planning
Have your say on the consultation report for the Post
Implementation Review of the Strong and Sustainable Resource
Communities Act 2017.
More...
Gold Coast Coastal Adaptation Plan
The City of the Gold Coast has released its draft Coastal
Adaptation Plan for feedback. The plan outlines a long-term
strategy for how the Gold Coast responds to the impact of climate
change. Community engagement runs from 19 January to 19 February
2021. To read the draft plan or to provide feedback, please click
here.
PCA: New Sunshine Coast planning scheme
The Sunshine Coast Council will begin community
consultation on a new planning scheme later this year. The changes
are expected to align with newer state and local planning policies
including the South-East Queensland Regional Plan which is set to
be renewed next year. The new planning scheme is expected to be
delivered in 2024 (February 2021).
More...
DAMS and SPP IMS updates
3 February 2021 State heritage place
The amendment reflects the updates to the Queensland heritage
register.
3 February 2021 Future state-controlled road
An amendment to the Smithfield Bypass within Cairns Regional
Council and an amendment to the Mareeba Bypass in Mareeba Shire
Council due to alignment changes.
1 February 2021 Gladstone priority port precincts
This layer identifies the precincts from the Gladstone priority
port master planned area. There are seven precincts:
Environmental management precinct; Infrastructure and supply chain
corridors precinct; Interface precint
Marine infrastructure precinct; Marine precinct; Marine services
and recreation precinct; Port, industry and commerce precinct.
1 February 2021 Gladstone turtle nesting areas
This layer identifies the marine turtle nesting beaches and habitat
from the port overlay for the priority port of Gladstone.
Cases
Warburton Environment Inc v VicForests (No 3)
[2021] VSC 35
PRACTICE AND PROCEDURE – timber harvesting of state
forests – standing where plaintiff is an environment group
– statement of claim – claim for declarations of
criminal conduct in civil proceedings – adequacy of prayer
for relief – interlocutory injunction – confidentiality
of documents to be produced – Civil Procedure Act 2010 (Vic)
s 47 – Supreme Court (General Civil Procedure) Rules 2015
(Vic) rr 29.10, 29.11, 47.04 – Sustainable Forests (Timber)
Act 2004 (Vic) ss 14(2), 16, 46(a) – Illegal Logging
Prohibition Act 2012 (Cth) – Code of Practice for Timber
Production 2014 – Management Standards and Procedures for
timber harvesting in Victorian State forests 2014.
Lahanis v Livesay & Ors [2021]
VSC 29
PROPERTY LAW – restrictive covenant preventing more
than one dwelling on a suburban land – application to modify
the covenant to permit two dwellings to be constructed on the land
– whether discharge or modification will not substantially
injure the persons entitled to the benefit – whether
neighbourhood retains the peaceful and tranquil character due to
the network of single dwelling covenants – whether approval
of modification would set a precedent for other modifications
– whether existing multi-dwellings in the neighbourhood had
already set such a precedent or had eroded any special character
the covenant had previously assisted to maintain – Property
Law Act 1958 (Vic) s 84(1)(c) – Re Cook [1964] VicRp 106;
[1964] VR 808; Vrakas v Registrar of Titles [2008] VSC
281; Prowse v Johnstone [2012] VSC 4; MacLurkin v
Searle [2015] VSC 750; Jiang v Monaygon Pty Ltd
[2017] VSC 591; Randell v Uhl [2019] VSC 668; Hivance
Pty Ltd v Moscatiello & Ors [2020] VSC 183.
Brighton Foreshore Association Inc v Bayside City
Council [2021] VSC
26
ADMINISTRATIVE LAW – appeal on question of law
– application to challenge decision of VCAT granting planning
permit for use of land as life saving club, function room, and
café – whether VCAT obliged to take into account
provisions in an Act to vest land in the Mayor Councillors and
Burgesses of the Borough of Brighton for purposes of Public
Recreation 1877 (Vic) (Vesting Act) –
whether obligation arises by reason of s 61(4) Planning and
Environment Act 1987 (Vic) – whether Vesting Act was
otherwise a mandatory consideration – whether VCAT correctly
applied Vesting Act in any event – whether open to find land
is used for 'public resort or recreation' –
Randwick Corporation v Rutledge [1959] HCA 63; (1959) 102
CLR 54, applied – whether open to find restricted use is
ancillary or incidental to public use of land - Planning and
Environment Act 1987 (Vic) ss 1, 3(1) (definition of
'registered restrictive covenant'), 60(1)(f), 60(1A)(j),
61(4), 84B(1), 84B(2)(k) – Transfer of Land Act 1958 (Vic) s
106 – Subdivision Act 1988 (Vic) s 3(1) (definition of
'restriction') – Local Government Act 1874 (Vic) s
483 – Victorian Civil and Administrative Tribunal Act 1998
(Vic) s 148.
Apex
Outdoor Pty Ltd v Cross River Rail Delivery Authority
[2021] QLC 5
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – EXPERT EVIDENCE – CONFIDENTIAL INFORMATION
– where the respondent nominated an expert witness about
billboard advertising in the applicant's claim for compensation
for resumption of land on which it intended to construct and
operate a billboard – where the applicant had previously
sought advice from another director of the expert witness's
firm – where the applicant sought to restrain the respondent
from calling its nominated expert witness - whether there was a
real and sensible risk the respondent's expert witness might
misuse confidential information – where the Court found there
was not.
Goldsmith
& Anor v AMP Life Limited [2021] QCA
20
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– WHEN APPEAL LIES – FROM DISTRICT COURT – BY
LEAVE OF COURT – where from 11 October 2004 Gold Tip (News)
Pty Ltd operated a newsagency business in premises that it leased
from the respondent at a shopping centre – where the
applicants were the owners and managers of Gold Tip and operated
the business – where commencing in June 2008, the respondent
undertook major renovations to the shopping centre, including an
expansion of it – where the renovations took some two years
to complete – where during the course of the renovations,
Gold Tip moved its business from the original premises to new
premises in the newly constructed mall that was part of the centre
– where in April 2012 Gold Tip was placed into liquidation
– where the applicants took an assignment of Gold Tip's
right to bring proceedings against the respondent – where
prior to the commencement of the renovations, Gold Tip and the
respondent commenced negotiations for a new lease, new shop, to
accommodate the business in a new location but still within the
expanded centre – where the second lease commenced on 4
February 2010 when the business commenced operating from the new
shop – where the business did not succeed, and Gold Tip was
wound up in insolvency on 30 March 2012 – where the
applicants alleged that various actions of the respondent in the
course of the renovation works gave rise to a right to compensation
on the part of Gold Tip for losses caused by those actions –
where the right to compensation was said to arise under s 43(1) of
the Retail Shop Leases Act 1994 (Qld) – where the respondent
denied any entitlement to compensation under either lease and
contended that any claim under the first lease was statute barred
– where it also raised a set-off and counterclaim for unpaid
rent due by Gold Tip under the second lease – where the
learned trial judge found that reasonable compensation payable
under the first lease was the subject of an equitable set-off for
the unpaid rent due under the second lease – where the
applicants seek leave to appeal under s 118(3) of the District
Court of Queensland Act 1967 (Qld) – whether leave to appeal
should be granted.
Island
Resorts (Apartments) Pty Ltd v Gold Coast City
Council [2021] QCA
19
LOCAL GOVERNMENT – POWERS, FUNCTIONS AND DUTIES OF
COUNCILS GENERALLY – PARTICULAR POWERS AND FUNCTIONS –
MISCELLANEOUS POWERS – where the appellant owns properties
within the local government area of the respondent – where
one of the respondent's functions as a council is to levy
general rates on all rateable land within its local government area
– where the respondent considers that land used for tourism
and tourism-related business and industry should generate a greater
contribution to general rate revenue than land that is not used for
a commercial purpose – where residential lots used to provide
rental accommodation to "permanent residents" were
categorised as Category 2T and residential lots used to provide
rental accommodation to "itinerants" were categorised as
Category 3T – whether the primary judge erred in not finding
that deciding rating categories based on whether the rateable land
was rented to an "itinerant" or "permanent
resident" was characterising land solely on the basis of the
personal characteristics of the occupant from time to time –
whether the primary judge erred in not finding that the
differential general rating categories 2T and 3T characterised land
based upon the personal characteristics of a person who may occupy
the land from time to time – whether the primary judge erred
in not finding that the respondent impermissibly took into account
an irrelevant consideration – whether the appeal should be
dismissed
Judicial Review Act 1991 Qld s 20(2)(e), s 23(a); Local Government
Act 2009 Qld s 4(2), s 92, s 93, s 94, s 96; Local Government
Regulation 2012 Qld s 80, s 81.
Waratah
Coal Pty Ltd v Youth Verdict Ltd & Ors (No 2)
[2021] QLC 4
HUMAN RIGHTS – JURISDICTION AND PROCEDURE –
QUEENSLAND – where the objectors contended that the grant of
a mining lease and environmental authority would be incompatible
with the Human Rights Act 2019 – where the objectors provided
particulars to that effect – where the applicant contended
that particulars provided did not adequately inform the applicant
as to the case they had to meet nor the real issues in dispute
– where the applicant sought further and better particulars
– where the Department of Environment and Science identified
five steps for the Court in complying with s 58 of the Human Rights
Act 2019 – where the Department of Environment and Science
submitted that the human rights case raised by the objectors was
not adequately articulated – where the human rights case
involves questions of law and policy as well as facts and
circumstances – where the Court concluded requiring further
particulars was not the best way to fully articulate the human
rights case – where the Court identified different processes
for that to occur.
Cases to 08 February 2021
National
Property Acquisitions Pty Ltd v IDS Investments Group Pty
Ltd [2021] QCAT 24
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF
COURTS AND TRIBUNALS – OTHER MATTERS – whether an
interim order should be granted restraining the lessor from taking
an alleged prescribed action during the response or extension
period – whether damages an adequate remedy
COVID-19 Emergency Response Act 2020 Qld s 4A, s 23, s 25
Queensland Civil and Administrative Tribunal Act 2009 Qld s 48, s
58
Retail Shop Leases Act 1994 Qld s 5B, s 55, s 63, s 64
Retail Shop Lease and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 Qld s 5, s 6, s 9, s 12, s 21, s 26, s
27, s 41, Schedule 1.
We
Kando Pty Ltd v Maranoa Regional Council
[2021] QPEC 1
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION
– application to further change a development approval for a
regulated waste storage facility
PLANNING AND ENVIRONMENT – APPEAL – appeal against the
decision of the respondent to refuse an application to extend the
currency period for the regulated waste storage facility
Planning Act 2016 Qld ss 78A, 81, 87 and Schedule 2
Planning and Environment Court Act 2016 Qld ss 43 and 45.
ACP
Properties (Townsville) Pty Ltd v 11 Oonoonba Road Pty
Ltd [2021] QDC 10
MORTGAGES – ESTATE, RIGHTS AND LIABILITIES OF
MORTGAGOR AND MORTGAGEE – DISCHARGE OR RECONVEYANCE –
ASSIGNMENT OR TRANSFER TO THIRD PARTY – the second plaintiff
and first defendant entered into an agreement to develop a property
– the agreement provided that the second plaintiff would
provide a loan to the first defendant secured by a mortgage over
the first defendant's interest in the property – further
funding was provided by another lender by way of a finance facility
secured by a mortgage to another lender, to be first in priority
over the second plaintiff's mortgage – the first
plaintiff paid to discharge the debt owed under the finance
facility and was assigned this debt – the first defendant
defaulted on both loans –the second plaintiff exercised its
power of sale and sold the property to the first plaintiff –
whether sale meant that first plaintiff took equitable ownership
subject to first mortgage – whether payment of finance
facility debt by first plaintiff discharged that debt for all
parties.
Patterson
v Council of the City of Gold Coast & Ors
[2020] QPEC 69
PLANNING AND ENVIRONMENT – COSTS – where
application to vary earlier orders necessitated by late
notification of additional expert – where limited costs order
made.
Century
Mining Limited v Department of Environment and
Science [2021] QLC
3
ENERGY AND RESOURCES – MINERALS –
ENVIRONMENTAL PROTECTION LEGISLATION – where the miner
appealed the estimated rehabilitation cost fixed under s 300 the
Environmental Protection Act 1994 – where the Department of
Environment and Science (and the Court on appeal) must have regard
to the guideline issued under s 550 of the Environmental Protection
Act 1994 when calculating the estimated rehabilitation cost –
where the guideline provides an approved calculation methodology
– where the agreed ERC amount does not adopt the approved
calculation methodology in all respects – whether an ERC
amount not calculated strictly in accordance with the approved
calculation methodology complies with the guideline – where
the Court found that it did – where the Court allowed the
appeal and made the orders proposed by the parties
Environmental Protection Act 1994 Qld s 298, s 300, s 524, s 527, s
528, s 530, s 550.
Legislation
Native Title Legislation Amendment Bill
2020
Amends the: Native Title Act 1993 to: Allow a native title
claim or compensation group to impose conditions on the authority
of its authorised applicant and require public notification of any
such conditions; clarify the duties of the applicant to the claim
group; allow the applicant to act by majority as the default
position; allow the composition of the applicant to be changed
without further authorisation in certain circumstances; allow the
claim group to put in place succession-planning arrangements for
individual members of the applicant; allow body corporate
Indigenous Land Use Agreements (ILUAs) to cover
areas where native title has been extinguished; remove the
requirement for the Native Title Registrar to notify an area ILUA
unless satisfied it meets the ILUA requirements; allow minor
amendments to be made to an ILUA without a new registration
process; specify that the removal of an ILUA from the register does
not invalidate future acts subject to that ILUA; extend the
circumstances in which historical extinguishment can be disregarded
to areas of national, state or territory parks, and certain
pastoral leases; allow a registered native title body corporate to
bring a compensation application over an area where native title
has been extinguished; require the registrar to create and maintain
a public record of section 31 agreements; and make a number of
technical amendments; and Corporations (Aboriginal and Torres
Strait Islander) Act 2006 (CATSI Act) to: Require registered native
title bodies corporate (RNTBC) constitutions to
include dispute resolution pathways for persons who are or who
claim to be common law holders, and provide for all the common law
holders to be directly or indirectly represented in the RNTBC;
limit the grounds for cancelling the membership of a member of a
RNTBC to certain grounds; remove the discretion of directors of
RNTBCs to refuse certain membership applications; specify that the
registrar may place a RNTBC under special administration in certain
circumstances; and ensure that proceedings in respect of a civil
matter arising under the Act that relate to a RNTBC are to be
instituted and determined exclusively in the Federal Court, unless
transferred to another court with jurisdiction; confirm the
validity of certain section 31 agreements; and provide that a
person would be entitled to compensation if the bill effects the
acquisition of property of a person other than on just terms
(within the meaning of paragraph 51(xxxi) of the
Constitution).
Finally passed both Houses 03 February 2021.
Regulation
Telecommunications
(Fibre-ready Facilities — Exempt Real Estate Development
Projects) Instrument 2021
08/02/2021 - This instrument exempts real estate
development projects situated outside of a National Broadband
Network fixed line rollout region from the requirements to install
fibre-ready pit and pipe under Part 20A of the Telecommunications
Act 1997.
Industry
Research and Development (Hotel Energy Uplift Program) Instrument
2021
04/02/2021 – This instrument prescribes the Hotel
Energy Uplift Program to support hotels to reduce their energy
consumption.
Queensland
Subordinate legislation as made – 05 February
2021
No 7
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Amendment Regulation 2021
This Regulation is made under the COVID-19 Emergency Response Act
2020 and Retail Shop Leases Act 1994. The policy objective of the
Regulation is to restore the less than $50 million turnover
threshold for small-medium sized enterprise (SME)
entities under the Regulation, while allowing any dispute or other
matter for a lease held by an SME entity above that threshold that
had been finalised or resolved prior to commencement of the
Amendment Regulation to be unaffected.
Acts
COVID-19 Emergency Response and Other Legislation Amendment Act
2020
Commencement
(3)Section 39 and schedule 1 commence on 1 March 2021. Schedule 1
amends the regulation modules under the Body Corporate and
Community Management Act 1997 it mentions.
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