In the media
China-Australia relations: US$58.5 million Sydney
property deal halted by 'chilling effect' on foreign
investments
A group of Chinese investors withdrew its bid to purchase
a A$80 million (US$58.5 million) office tower in Sydney after
waiting eight months for approval. Australia announced new
processing times for foreign investment applications in March
alongside other sweeping changes to Australian foreign ownership
laws (19 November 2020). More...
Slash residential investment fees for foreigners:
REIA
Foreign investors are being turned off Australian
residential property investments due to the costs involved, according to the REIA. The proposed fee for
residential investment contained within the bill is twice that for
agricultural investments, and 50 times that of commercial land and
business investments (19 November 2020). More...
Commercial property investment down 61pc
The value of commercial property deals declined 61 per
cent over the year as owners hold off selling through the pandemic,
figures from Real Capital Analytics show (19 November 2020).
More...
Deferred loans drop from pandemic peak
The number of deferred loans in Australia has dropped
below 300,000-a reduction of almost 70 per cent since reaching a
pandemic peak of more than 900,000 earlier this year (18 November
2020). More...
Office sector lures offshore investors
Offshore investors are taking a shine to office assets,
making up 66 per cent of acquisitions in the Australian property
market for this year. This is well ahead of the industrial sector
at 22 per cent, and retail at 8 per cent, according to the CBRE
Capital Flows report (17 November 2020). More...
Residential asset alternatives ride wave of demand
Investment in alternative residential assets accounted for
27 per cent of global real estate investment in the first three
quarters of 2020. The operational, or alternative, residential
asset type comprises student housing, build-to-rent and senior
living, according to Savills 2020 Global Living
Report (17 November 2020). More...
Property market now more 'complex' after
COVID
COVID-19 has led to unprecedented changes in Australia,
from the closure of borders to the biggest economic downturn in
nearly a century. How did this phenomenon affect the country's
property market (17 November 2020). More...
RMIT says our cities are getting less green
Australia's largest urban greening initiative has
revealed 67 percent of suburbs and cities across the country will
face significant challenges in growing and maintaining green cover
in the future, as our cities grapple with a rising population and
grey spaces expand with urban development (13 November 2020).
More...
Tenant landlord relationship tested during
COVID-19
New AHURI research investigated the mental and economic
wellbeing of landlords and tenants to help governments at all
levels make the best housing policy decisions during and following
the coronavirus pandemic (12 November 2020). More...
CEFC backs revolutionary eArc panels in next wave of
solar innovation for Australia
The CEFC has invested in innovative solar energy
technology with the potential to revolutionise Australia's use
of rooftop solar, delivering lightweight, flexible panels that can
be used across a wider range of applications than existing glass
panels (11 November 2020). More...
Work from home to crunch commercial property
A survey produced by EY and the Urban Land Institute
forecasts that the COVID-19 pandemic will have a significant impact
on global demand for office space over the next 3-5 years.,
and many are expected to seek more flexible lease contracts
(11 November 2020). More...
Build back better: Is commercial property going
green?
As the commercial property sector continues to come to
grips with the profound socio-economic impact of COVID-19,
professionals are naturally looking ahead to see what trends have
been accelerated and how this will impact future use of and demand
for buildings (09 November 2020). More...
Property Council supports national framework for net
zero emissions by 2050
The Property Council of Australia has welcomed the
introduction of the Climate Change (Adaptation and
Mitigation) Bill 2020 which seeks to create a
national framework to reduce emissions to net zero by 2050.
Australia's buildings account for 23 per cent of national
emissions and our industry is well placed to take action to reduce
emissions and make our buildings more efficient and resilient (09
November 2020). More...
Victoria
Mirvac, Milieu lodge plans for 527 build-to-rent
apartments
Mirvac and Milieu's plans to develop 527 build-to-rent
units on a one hectare site in Melbourne's inner north are
moving ahead. The Albert Fields precinct will transform several
industrial buildings and homes into a multi-storey residential
development including retail over two levels of basement (19
November 2020). More...
Stronger clearer planning controls for the surf
coast
The Victorian Government is seeking community feedback on
stronger planning controls ensuring the iconic Surf Coast is
permanently protected from overdevelopment and urban sprawl while
improving the local environment (19 November 2020). More...
MAB plots course for $3.3b industrial estate at Avalon
Airport
Private developer MAB Corporation is planning a $3.3
billion industrial estate on a 780-hectare site next to Avalon
Airport (18 November 2020). More...
VIC Government: $5.3b big housing build program
The Victorian Government have announced a $5.3 billion Big
Housing Build program to construct more than 12,000 new homes
throughout metro and regional Victoria. Big Housing Build is
Australia's biggest ever investment in public and community
housing (15 November 2020). More...
Government announces six preferred station locations for
Melbourne's suburban rail loop
The Victorian Government reveals the future Suburban Rail
Loop will begin at Southland Shopping Centre, as it commits $2.2
billion to fund early works on the project from 2022 (16 November
2020). More...
NSW
REINSW: The unintended consequences of the NSW
Government's property tax reform
With the dust settling on the announcement that stamp duty
would be phased out and replaced with another tax, the Real Estate
Institute of NSW has shone a light on some of the unidentified - or
unconsidered - impacts of the proposal (18 November 2020). More...
NSW budget targets much needed improvements to NSW
planning system
Urban Taskforce CEO, Tom Forrest, welcomed the budget
announcements of changes to the stamp duty tax system, new funding
to fast track the planning system and a reversal of the GSC's
ban on mixed use development on dilapidated industrial land (17
November 2020). More...
Support for owners to remove high risk cladding
The NSW government will establish Project Remediate, a
three-year program to help remove combustible cladding on hundreds
of the most at-risk buildings, and pay the interest on loans by
commercial lenders to building owners and owners corporations,
fast-tracking the removal of unsafe cladding (17 November 2020).
More...
Up to $1.1b to be raised from levy on developers near
Sydney's new airport
The developer levy will be imposed to help pay for pay for
roads, schools and other infrastructure near Western Sydney Airport
(10 November 2020). More...
Queensland
Walker strikes $2.5bn Sunshine Coast development
deal
Walker Corporation has padded out its pipeline with an
agreement to deliver $2.5 billion in development planned for the
Maroochydore's new CBD on the Sunshine Coast (19 November
2020). More...
Council forced to approve controversial transport depot
on polo ground
After being taken to court over its rejection of the DA,
the council agreed through court to approve the DA with different
conditions (18 November 2020). More...
Artificial intelligence in property: Queensland
researchers awarded industry grant
Queensland researchers have been awarded an Australian
Property Research and Education Fund research grant to consider the
use of big visual data utilising artificial intelligence in valuing
residential properties (16 November 2020). More...
E-Commerce growth drives Queensland logistics
investment
Industrial and logistics property has remained one of the
few corners of the commercial real estate market to ride through
the disruption of the pandemic relatively untouched (16 November
2020). More...
Brewery to open restaurant in heritage-listed
Morningside factory
The factory, a collection of buildings by the Brisbane
River, has a longstanding connection to Australia's defence
forces (10 November 2020). More...
Hailstorm catastrophe losses rise to $300 million
Insurance losses from October's Queensland hailstorms
have risen to $300 million as claims continue to be lodged from the
event, the Insurance Council of Australia says (09 November 2020).
More...
'Critical' SEQ land supply shortage prompts
affordability warning
South-east Queensland is facing a severe land supply
shortage that could drive up house prices if not urgently
addressed, a new report says (08 November 2020). More...
In practice and courts
Commonwealth
Member survey results in support of UDIA's
HomeBuilder 2.0 submission
UDIA National has unveiled a new industry survey designed to support an
extension and re-design of HomeBuilder given the
extended economic downturn facing Australia as a result of
COVID-19. The results also show there is a real risk that
approvals, new home starts and the associated economic activity
will slow in 2021 absent an extension and redesign
of HomeBuilder (13 November 2020).
More...
API member alert: Code of ethics
and rules of professional conduct
The Code of Professional Conduct has been renamed and
reclassified as the Rules of Professional Conduct (Rules). The
Rules are mandatory for all Members and Appendix 1 of the Rules
contains Rules for Valuers which are applicable to Members
providing valuation services of real property and plant, machinery
and equipment (chattels). Read the new Rules here. Effective 28 February 2021.
Australian Bushfires Disaster Emergency Declaration -
Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency
Declaration (No. 1) 2020 (the emergency declaration) under
Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency
declaration was made in response to bushfires in Australia
resulting in death, injury and property damage occurring from
August 2019 into 2020.The emergency declaration expires on 20
January 2021.
Climate Change (Adaptation and Mitigation) Bill
2020
The Climate Change (Adaptation and Mitigation) Bill 2020
sets out a framework for national plans to be put in place and
updated by the Australian Government, and for progress to be
rigorously monitored and reported. The national framework seeks to
ensure that Australia has:
a positive response to the challenges of climate change; national
plans for adapting to a changing climate;
national plans for reducing greenhouse gas emissions; transparent
monitoring, reporting and accountability (09 November 2020).
More...
Announcements, Draft Policies and Plans released 2020
Queensland
Title Registry Alerts No 176: New Queensland enduring
power of attorney forms and important changes to guardianship laws
commencing 30 November 2020
New approved forms for Queensland enduring powers of
attorney (short form (Form 2) version 4 and long form (Form 3) version 4) will come into
effect on 30 November 2020 to coincide with the changes to
guardianship laws.
Important changes to guardianship laws as a result of the
Guardianship and Administration and Other Legislation Amendment Act
2019 will commence on 30 November 2020. More...
Planning support during COVID-19
The Queensland Government passed urgent changes to include
applicable event provisions in the Planning Act 2016 in response to
the COVID-19 pandemic. Declarations of applicable
events- On 2 October 2020, the Planning Minister
further extended the COVID-19 applicable event until 31 January 2021.
Reminder: Planning legislation amendment
The additional time provided through the extension notice
applies to development approvals in effect on 8 July 2020 or which
come into effect between 8 July 2020 and 31 October 2020. For
example, a development approval that would have ordinarily lapsed
on 1 August 2020 now won't lapse until 1 February 2021.
Temporary use licences - Planning (COVID-19 Emergency
Response) Regulation 2020
This temporary regulation establishes requirements for
keeping documents physically available for inspection and purchase
in recognition of health and safety restrictions. This enables
local governments to continue to meet their statutory obligations.
The regulation is in effect to 31 December 2020. More...
Commercial leasing guideline extended
An extension to the mandatory leasing provisions
introduced to give effect to the National Commercial Code of
Conduct, has now been enacted through the Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Amendment Regulation
2020. The amendments introduce an 'extension
period' and separate the requirements between the response
period (29 March 2020 to 30 September 2020) and the extension
period (1 October 2020 to 31 December 2020).
Note: You can access the Amendment Regulation here. The Queensland Small Business
Commissioner will continue to assist with resolution and
mediation of COVID-19 affected small businesses leases.
PCA: Land tax relief extended
As part of its 'mini-budget' the Queensland
Government has announced a 25 per cent land tax rebate is available
for eligible properties for the 2020-21 assessment year. The due
dates for applications for the land tax rebate are: 2019-20,
applications close on 31 October 2020 and 2020-21, applications
close on 26 February 2021.
The rebate is only available if you owned an eligible property at
midnight on 30 June 2019 and/or 30 June 2020, and were liable for
land tax in relation to the property (2020). More...
Build-to-rent update
The Queensland Government has announced the preferred
proponents of its Build-to-Rent Pilot Project that was
announced as part of the 2018 Mid Year Fiscal and Economic Review.
Frasers Property and Mirvac are the successful proponents who are
required to deliver a component of government subsidised affordable
housing dwellings (October 2020). More...
Modernised body corporate regulations to start in March
2021
The Queensland Government has finalised a modernised set
of corporate regulations to take effect from 1 March 2021. More...
Community titles changes for COVID-19 period
More measures have been introduced to support the
community titles sector in Queensland. More...
Consultations
Beerburrum to Nambour rail upgrade - park 'n'
ride
Have your say on the Beerburrum to Nambour Rail Upgrade
park 'n' ride facilities. Closes 20 November 2020. More...
SDA application for a material change of use for
high-impact industry in the Bromelton state development area
Closes on 1 December 2020 SDA application for a material change of
use for high-impact industry in the Bromelton State
Development Area.
Published - articles, papers, reports
PC productivity insights 2020: Australia's long term
productivity experience
This Productivity Insights research was released on 19
November 2020. It describes Australia's long run economic
history and highlights the role of productivity in driving living
standards. More...
Cases
AAGG Developments Pty Ltd v Saafin
Constructions Pty Ltd & Ors [2020]
VSC 768
PROPERTY LAW -CAVEATS - application for removal of a caveat lodged
on title to land - whether caveators have established a prima facie
case for an interest in the land arising under an implied,
resulting of constructive trust - whether the balance of
convenience favours retention or removal of the caveat - other
proceedings in the court in which the individual defendants have
been given leave to bring a derivative claim in the name of and on
behalf of the corporate defendant for a declaration that the
plaintiff holds the land as constructive trustee for the corporate
defendant - relevant individual defendants have a prima facie case
to sustain the interest in the land claimed in unusual
circumstances, being a derivative claim made by the individual
defendants on behalf of and in the name of the corporate defendant
for a declaration of an interest arising under a constructive trust
and the re-transfer of the land by the plaintiff to the corporate
defendant - appeal pending against the grant of leave to the
individual defendants to bring derivative claim - whether
appropriate to make final orders or interim orders - interim orders
appropriate pending determination of the appeal
- Piroshenko v Gosjman, [2010] VSC 240; (2010) 27 VR
489; Goldstraw v Goldstraw [2002] VSC
491; Australian Broadcasting Corporation v
O'Neill [2006] HCA 46; (2006) 227 CLR 57,
82; Carbon Black Pty Ltd v Launer [2015] VSCA
126; El-Saafin & Anor v Franek & Ors (No
4) [2020] VSC 389, referred to.
Zaric v City of Greater
Dandenong [2020] VSC
756
APPEAL FROM THE DECISION OF VCAT - review of planning powers of
respondent - VCAT summarily dismissed applicant's proceeding
under s 75 VCAT Act on basis of proceedings being misconceived,
lacking substance and abuse of process - VCAT asserted proceedings
sought to re-agitate issues already decided - VCAT asserted
planning permit spent once subdivision work completed - applicants
appeal summary dismissal - applicant sought to set aside decision
of senior member Richards - as no appeal has been lodged, this
matter cannot be ruled on - applicants further sought to reinstate
previous proceedings before VCAT under s 149B of the Planning and
Environment Act - act does enable previous orders of VCAT to
dismissed or set aside - applicants further sought enforcement
orders pertaining to the planning scheme the subject of this
proceeding - matter previously ruled on by VCAT and Court of Appeal
- Council could not be added to this proceeding for enforcement
orders - even if Council were able to be added, enforcement orders
could not be made - applicants argue under s 52 VCAT Act Court of
Appeal had no jurisdiction to hear matter - applicants'
submissions incorrect - section 52 provided Jurisdiction to Court
of Appeal to hear matter - furthermore, s 52(3) provides rulings of
court in the absence of jurisdiction valid - applicants assert
planning permit cannot be expired as per s 68 Planning and
Environment Act - section 68 not exhaustive - permit expired by
virtue of development being completed - appeal fails to establish
any ground of appeal, or show any error in VCAT's approach and
conclusion regarding s 75 VCAT Act - court satisfied applicants
have no real prospect of success - matters raised in appeal
conclusively ruled upon previously by Court of Appeal - court needs
to conserve its resources -applicant's application an abuse of
process and vexatious.
C B Buffet (Burwood) Pty Ltd v Delloyd
Pty Ltd (Building and Property) [2020]
VCAT 1234
RETAIL LEASES-INJUNCTION-no serious question to be tried concerning
the right of the landlord to forfeit the lease by re-entry-Covid-19
legislation found not relevant to the right of the landlord to do
so, there being no serious question concerning the proposition that
the lease is not an eligible lease within the meaning of the
Covid-19 legislation.
RELIEF AGAINST FORFEITURE-found not to be a case regarded as
exceptional as would justify the refusal of an order granting
relief against forfeiture-relief against forfeiture granted.
Contempree v BS Investments Pty Ltd
& Anor [2020] QCA
255
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND
DEFENCES TO ACTION FOR BREACH - OTHER MATTERS - where the appellant
is a director of a company - where the company ran a backpackers
hostel from a commercial building it owned - where the respondents
purchased the land and premises from the company and leased the
premises back to the company - where the company then in turn
assigned the lease to a third party company - where the original
lease was not registered until after it was assigned to the third
party company - where the third party company's obligations
under the lease were guaranteed by, amongst others, the appellant -
where the third party company initially paid rent but subsequently
fell into arrears - where the respondents commenced proceedings
against the guarantors for payment under the guarantee and were
awarded judgment in the Magistrates Court - where the respondents
then commenced proceedings in the District Court - where the
appellant alleged at trial that there was no valid lease because it
was not a registered lease at the time the assignment was entered
into and therefore there was no performance to guarantee - where
the basis of that argument was that the lease was not valid at law
until it was registered and the respondents' failure to have
the lease registered until then constituted a repudiation of the
agreement to lease, which gave the appellant the right to rescind
the agreement to lease - where the appellant argued that the
rescission was effected by vacating possession - where the
appellant also pleaded at trial: That the guarantee did not comply
with requirements of the Property Law Act 1974 (Qld); that the only
lease in existence was a tenancy from month-to-month; that there
was an Anshun estoppel by operation of the earlier Magistrates
Court proceedings and the respondents were precluded from bringing
the proceedings at trial pursuant to the res judicata principle;
and that to the extent that it was argued a lease existed between
the respondents and the third part company, that it was surrendered
or terminated and that the guarantee was therefore limited to that
period (and that in that respect, the respondents failed in their
duty to mitigate losses in respect of the alleged lease) - where
the respondents argued that the lease was at least an equitable
lease from the date of execution of the deed of assignment and the
guarantees and that furthermore, nothing was done to bring it to an
end - where they argued that the lease was capable of being
assigned and was assigned with that assignment subsequently
perfected by registration - where after a three-day trial the
learned trial judge concluded that the assignment and guarantees
were effective and accordingly there was judgment in the
respondents' favour - where the appellant now raises some 30
overlapping grounds of appeal dealing with the lease, including its
assignment, guarantee and surrender - whether the trial judge erred
at law in his Honour's findings in respect of the lease -
whether the trial judge erred in fact and at law with respect to
his Honour's findings concerning the assignment, guarantee and
surrender or termination of the lease.
Land Title Act 1994 Qld s 62, s 64, s 182, s 184, s 185; Property
Law Act 1974 Qld s 10, s 11, s 56.
Brisbane City Council v YQ Property Pty
Ltd [2020] QCA 253
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT
CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY -
GENERALLY - DISCRETION OF CONSENT AUTHORITY - where the respondent
lodged a development application with the applicant Council to
construct multiple townhouses in a low-density residential zone -
where the application was properly made at a time where multiple
townhouse developments were permitted in low-density residential
zones under the Brisbane City Plan 2014 - where, after the
conclusion of the hearing before the primary judge, but before
judgment, the applicant Council resolved to amend the Brisbane City
Plan 2014 to prohibit the development of multiple townhouse
developments in low-density residential zones - where the learned
primary judge allowed the respondent's appeal and approved the
development - where the applicant complains that the learned
primary judge did not take the amendments into account as required
by the principle in Coty (England) Pty Ltd v Sydney City
Council (1957) 2 LGRA 117 - whether the learned primary
judge properly considered the principle in Coty (England)
Pty Ltd v Sydney City Council (1957) 2 LGRA 117 - whether
the principle in Coty (England) Pty Ltd v Sydney City
Council (1957) 2 LGRA 117 should be given determinative
weight.
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING
SCHEMES AND INSTRUMENTS - QUEENSLAND - GENERALLY - where the
development proposed by the respondent involved the removal of four
native trees - where the learned primary judge characterised the
four native trees as "unremarkable" - where the applicant
Council complains that the learned primary judge's description
of the trees as "unremarkable" was made without evidence
- where the applicant Council contends that the relevant provisions
of the Biodiversity Overlay Code within the Brisbane City Plan 2014
should be interpreted to require the blanket protection of native
trees - whether the learned trial judge erred by describing the
trees as "unremarkable" - whether the learned trial judge
erred by allowing the respondent's appeal and approving the
development notwithstanding the destruction of the four native
trees.
Planning Act 2016 Qld s 45, s 45(5)(a), s 45(5)(b), s 45(7), s
45(8), s 60, s 60(3).
Planning and Environment Court Act 2016 Qld s 46, s 63; Sustainable
Planning Act (repealed), 2009 Qld s 326(1)(b).
Rolling Rock Nightclub Pty Ltd v
Commissioner for Body Corporate and Community
Management [2020] QCAT
435
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - QUEENSLAND CIVIL
AND ADMINISTRATIVE TRIBUNAL - where decision to reject an
application for adjudication - whether party to a dispute - whether
party directly concerned in a dispute - whether dispute capable of
adjudication. Body Corporate and Community Management Act 1997 Qld
ss 227, 228, 238, 239C, 241, 276; Queensland Civil and
Administrative Tribunal Act 2009 Qld s 20.
Cases to 16 November 220
Moreton Resources Ltd (in liq) &
Ors v First Samuel Ltd & Ors [2020]
QSC 339
MORTGAGES - JUDICIAL SALE - where the first and second applicants
held certain property and resource tenements associated with a
silver mine in Southern Queensland - where a secured debenture deed
granted the first respondent, as trustee for the debenture holders
including the second respondent, a security interest over that
property - where the third applicants were appointed as
administrators of the first and second applicants and commenced a
marketing and sale campaign for the property - where the second
respondent made various offers to purchase the property which were
not accepted - where the second respondent repeatedly asserted his
security interest, including by causing the lodgement of caveats
and appointment of receivers - where the liquidators entered into a
sale agreement with a third party - whether the Court should
direct, under s 99(2) of the Property Law Act 1974 (Qld), that the
property be sold pursuant to the sale agreement.
MORTGAGES - RECEIVERS - APPOINTMENT - GENERALLY - where the first
respondent, as security trustee, did not appoint receivers pursuant
to instructions given by beneficiaries including the second
respondent - where the security trust deed provided that if the
security trustee failed to exercise a power as instructed within a
reasonable time, a beneficiary could exercise the power - where the
second respondent purported to appoint the fifth respondents as
receivers - whether the appointment of the fifth respondents as
receivers was valid. Property Law Act 1974 Qld s 99.
Gladstone Ports Corporation Limited v
Murphy Operator Pty Ltd & Ors [2020]
QCA 250
TORTS - ABUSE OF LEGAL PROCESS - LAW OF MAINTENANCE AND CHAMPERTY -
GENERALLY -where the appellant dredged waterways, excavated soil,
and placed the materials dredged or excavated into various other
places around the port of Gladstone - where the first, second and
third respondents are plaintiffs in a class action brought pursuant
to Part 13A of the Civil Proceedings Act 2011 (Qld) - where the
respondents allege that, due to the appellant's negligence and
failure to comply with certain statutory obligations, the waters
surrounding the port of Gladstone were polluted and they suffered
loss of profits as a result - where the respondents' solicitor
was able to obtain the agreement of the fourth respondent (the
Funder) to fund the class action - where there were several
agreements entered into by the respondents' solicitors, the
members of the class actions and the Funder - where the appellant
sought an order that the respondents provide security for costs -
where the appellant contended before the learned judge of first
instance that the funding agreement between the claimants and the
Funder was champertous and unenforceable and, as a consequence,
there was a "risk" that the security deed would be
"tainted" and therefore also unenforceable - where the
learned judge did not decide this question of law - where there was
no appeal against the security for costs order - where the
respondents then sought an order joining the Funder as a respondent
to the application and also sought a declaration that the
representative agreement and the member agreement were "not,
by reason of maintenance, champerty or public policy,
unenforceable" - where the respondents sought an order by the
learned judge to refer the question to the Court of Appeal for its
"opinion" pursuant to Uniform Civil Procedure Rules 1999
(Qld) r 483(2) - where the respondents are seeking an advisory
opinion from the Court - where the appellant at this appeal did not
submit that entry into the agreements constitute, or that anything
done or likely to be done under them would constitute, an abuse of
the court's process - where the appellant submits that the
funding agreements were tantamount to an impermissible assignment
because their effect was to confer upon the Funder the practical
control of the litigation - whether the agreements are
unenforceable as being against public policy.
Speets Investment Pty Ltd v Bencol Pty
Ltd [2020] QCA 247
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - COVENANTS -
AS TO REPAIR - GENERAL PRINCIPLES - where the landlord and tenant
each alleged that the other is responsible under a commercial lease
for works on and repairs to a motel - where the trial judge made
declarations as to liability in favour of the tenant in relation to
some areas of the motel - where the trial judge made declarations
as to liability in favour of the landlord in relation to some areas
of the motel - where the landlord appeals against declarations
which declared the landlord to be responsible to do works or
repairs - where the landlord appeals against declarations which set
timeframes in relation to directions requiring the landlord to do
works or repairs - where the landlord sought declarations
attributing to the tenant liability under the lease for particular
types of repair work - whether the respondent tenant was liable
under the lease - whether the appellant landlord was liable under
the lease.
EQUITY - EQUITABLE REMEDIES - OTHER REMEDIES - where the trial
judge was informed by parties that they sought orders only by way
of declaration - where neither party sought specific performance -
where the parties stated that an arrangement had been made to
appoint an independent expert following trial to adjudicate on any
disputes which might arise in relation to carrying out work or
repairs under the commercial lease - where the arrangement was not
a clear agreement between the parties - where declarations made by
the trial judge were contingent on findings of the independent
expert - where declarations incorporated coercive elements of
relief - whether extrajudicial arrangement as to the independent
expert was an improper delegation of judicial power - whether the
declarations should be set aside.
District Court of Queensland Act 1967 Qld s 68, s 113, s 118, s
119; Property Law Act 1974 Qld s 124.
Legislation
Commonwealth
Bills
Native Title Legislation Amendment Bill
2020
Senate 12 Nov 2020 - The Native Title Legislation Amendment Bill
2019 (the Bill) amends the Native Title Act 1993 (Native Title Act)
and the Corporations (Aboriginal and Torres Strait Islander) Act
2006 to improve native title claims resolution,
agreement-making, Indigenous decision-making and dispute resolution
processes.
Climate Change (National Framework for
Adaptation and Mitigation) (Consequential and Transitional
Provisions) Bill 2020
HR 09 November 2020 - A Bill for an Act to create duties to
consider climate change impacts and to deal with consequential and
transitional matters arising from the enactment of the Climate
Change (National Framework for Adaptation and Mitigation) Act
2020.
Climate Change (National Framework for
Adaptation and Mitigation) Bill 2020
HR 09 November 2020 - A Bill for an Act to establish a national
climate change adaptation and mitigation framework, and to
establish the Climate Change Commission.
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.