In the media – National
Urban Taskforce of Australia: A Broad Land Tax should
replace Stamp Duty
Recent discussion in the media has advocated for the end of stamp
duty, to be replaced with an ongoing annual land tax, and this move
has gained widespread support from business groups, social service
advocates and the development industry (05 April 2016).
More...
Lendlease sets new benchmark for liveable
cities
Lendlease's Barangaroo South has been awarded a 6 Star Green
Star - Communities rating (30 March 2016).
More...
In the media – Queensland
MOU signed in Hong Kong for tourism resort development
on the Gold Coast
International investor confidence in Queensland is surging with two
Hong Kong corporations signing a Memorandum of Understanding to
co-invest in an $850 million tourism development on the Gold Coast
(07 March 2016).
More...
In practice and courts –Queensland
Announcements, Draft Policies and Plans released 2015
Updated public ruling released by Office of State Revenue On 29 March 2016, the Commissioner of State Revenue issued public ruling DA505.2.2—Dutiable value of transfers of land to local governments. This ruling has been amended to include an example at paragraph 11 and to ensure that references to the Commissioner are gender neutral. No substantive changes were made to the ruling (31 March 2016). More...
Land title practice manual
From 1 May 2016, the Land Title Practice Manual will outline new
requirements applicable to all instruments and documents executed
and witnessed outside Australia, including all Titles Registry
forms and powers of attorney which are lodged for registration.
More...
Cases – Victoria
Mathieson Nominees v Aero Developments &
Ors [2016] VSC 131
REAL PROPERTY – Torrens scheme of registration of land in
Victoria under ss 40 to 43 of the Transfer of Land Act
1958 (the "TLA") – In personam exception to
indefeasibility – Claim under Barnes v Addy –
Knowing receipt (first limb) and knowing assistance (second limb)
– Knowledge an essential requirement under both limbs –
Knowledge under first limb – The Bell Group Ltd (in liq)
v Westpac Banking Corporation (No 9) applied – Knowledge
under second limb – Farah Constructions Pty Ltd v Say-Dee
Pty Ltd applied – Tests as to knowledge under both limbs
of Barnes v Addy the same – Barnes v Addy claims not
established on the facts – No breach of any relevant
fiduciary duty and no relevant knowledge of any such breach –
Claim under Barnes v Addy not a personal equity which
defeats the indefeasibility provisions of the TLA – Farah
Constructions v Say-Dee settles the question –
Observations of Tadgell JA in Macquarie Bank Ltd v Sixty-Fourth
Throne Pty Ltd on the law in Australia – No basis for
maintaining any in personam exception to the indefeasibility of the
title of the registered proprietor. SALE OF LAND – Effect of
nomination of party to take transfer – Whether a charge on
the land enforceable against nominated party – Construction
of nomination clause. SECURITIES – Fixed and floating charge
over company assets – Whether an equitable charge or an
equitable mortgage – An equitable charge and an equitable
mortgage both create a proprietary right in the charged property
– Differences between an equitable mortgage and an equitable
charge – Equitable mortgage created. More...
Koroneos v Koroneos (Building and Property)
[2016] VCAT 461
Co-ownership of land; father and son registered joint proprietors;
application by son for orders under Part IV Property Law Act
1958. More...
Cases – New South Wales
SAMM Property Holdings Pty Ltd v Shaye Properties
Pty Ltd [2016] NSWSC 362
CONTRACT – rectification – auction – where
contract specified purchase price to be inclusive of GST -whether
common intention that purchase price be exclusive of GST.
More...
Cases – Queensland
International Palace Pty Ltd v Novaheat Pty Ltd
[2016] QSC 075
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF
MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where there is a
commercial contract for the sale of land – where the contract
is conditional upon satisfaction of due diligence period –
where a vendor's right to termination arises – where a
purchaser subsequently waives a condition inserted for a
purchaser's benefit – whether a vendor's right to
termination is defeated. CONVEYANCING – BREACH OF CONTRACT
FOR SALE AND REMEDIES – VENDOR'S REMEDIES –
RESCISSION OR TERMINATION – PURSUANT TO CONDITION GIVING
RIGHT TO RESCIND OR TERMINATE – where a purchaser fails to
satisfy the due diligence condition – where a vendor
terminates the contract because of a purchaser's failure to
satisfy the due diligence condition – whether the contract is
voidable – whether there is a valid termination. PROCEDURE
– ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL –
OTHER MATTERS – where the defendant in the proceeding applies
for a summary judgment on a counterclaim – whether pursuant
to r 292 Uniform Civil Procedure Rules 1999 summary
judgment should be given in respect of the counterclaim. More...
Salsabil Charitable Organisation Pty Ltd v Gold
Coast City Council & Anors [2016] QPEC 017
PLANNING AND ENVIRONMENT – APPEAL –Development
Application for Material Change of Use for a Place of Worship
– Site located in established light industrial area. CONFLICT
– Conflict with planning scheme – Grounds –
Whether strong planning need for the proposed development justifies
approval notwithstanding conflict – weight to be given to new
planning scheme introduced after development application lodged.
ISSUES FOR DETERMINATION – Planning need – Traffic and
parking – Amenity. More...
Horsburgh v Emerald Rock Pty Ltd [2016] QCA
047
The respondent and the lessee agreed to a surrender of the lease
on terms and conditions, including an acknowledgment by the lessee
that it was indebted to the respondent in the stated sum with
respect to rental and other monies outstanding and owing to the
respondent pursuant to the lease for which the respondent was then
entitled to issue proceedings and enter judgment for that amount as
a liquidated debt. The appellant appeals a District Court judgment
against it of an amount exceeding $300,000 in favour of the
respondent. More...
2040 Logan Road Pty Ltd v Body Corporate for
Paddington Mews [2016] QSC 040
REAL PROPERTY – EASEMENTS – EASEMENTS GENERALLY –
CREATION – BY EXPRESS AGREEMENT OR UNDER STATUTE –
STATUTORY EASEMENTS – where the applicant applied for a
statutory right of user pursuant to s 180 of the Property Law
Act 1974 (Qld) – where an easement was sought over a
private driveway to facilitate access to two proposed carparks on
the applicant's land – whether the proposed easement was
reasonably necessary in the interests of the effective use of the
applicant's land – whether the grant of an easement would
be in the public interest – whether the respondent
unreasonably refused to agree to accept the imposition of the
easement. More...
Legislation – Queensland
Bills Updated
Planning and Environment Court Bill 2015
Introduced: on 12/11/2015. Stage reached: Report from Committee on
8/04/2016.
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.
