Australia: Property & Projects - What's News - 16 October 2012
22 October 2012
Article by Lou Farinotti
In the media – NationalUnlicensed commercial agents insurance unlikely
Unlicensed commercial real estate agents - a real likelihood if proposed national licensing laws get the green light - would find it hard to obtain professional indemnity insurance, according to a recent newspaper report (02 October 2012) More...
Livable Housing Australia (LHA): Safer new homes by 2020
Launched at Parliament House, Canberra, the Livable Housing Australia (LHA) will target the housing industry to achieve the Livable Housing Design Quality Mark as part of a national campaign to ensure all new homes are safer, more comfortable and easier to get around by 2020 (26 September 2012) More...
In the media – VictoriaPrivate sector bids invited for Victoria's largest port development
The $1.6 billion redevelopment of the Port of Melbourne reached a major milestone today, with Premier Ted Baillieu officially inviting expressions of interest seeking operators for the new Webb Dock container terminal, automotive terminal and Pre Delivery Inspection (PDI) Hub (03 October 2012) Private sector bids invited for Victoria's largest port development
Victorian Construction Industry Welcomes Planning Changes
Planning changes designed to cut red tape and allow for faster and more effective decision making by imposing 12-month time limits on planning scheme amendment decisions have been welcomed by the building and construction industry in Victoria (01 October 2012) http://designbuildsource.com.au/vic-builders-planning
$1 billion urban development project unlocks the south east
Planning Minister Matthew Guy officially opened a $1 billion housing development in Keysborough, one of the largest infill projects undertaken in Melbourne's growing south east corridor (27 September 2012) $1 billion urban development project unlocks the south east
Next step for fair and simple development contributions
Planning Minister Matthew Guy has appointed an independent Advisory Committee to assist in delivering an effective, transparent and simple development contribution system across Victoria (26 September 2012) Next step for fair and simple development contributions
In the media – New South WalesNorth West Rail Link gets planning green light
State Government planning approval has been given to start building the North West Rail Link, marking a major milestone in the delivery of the State's biggest transport infrastructure project. The Minister for Transport said overarching approval has been given for the entire North West Rail Link project, as well as approval to start construction of the 15.5km of twin tunnels and the 4km skytrain section (01 October 2012) More...
Strong Response To Green Paper
Residents and industry groups have welcomed a move towards enhanced community participation and upfront strategic planning in the State's proposed planning system. Green Paper submissions are being published on the Department of Planning and Infrastructure's website as they are received along with workshop summaries (25 September 2012) Strong response to green paper
In the media – QueenslandOffshore wind prospects hit by grid costs
New British data shows that merely connecting wind turbines out at sea to the grid costs more per megawatt than building new gas fired power plants. This raises serious questions about the near-term economic viability of the low-carbon technology in which Germany and Britain, among others, are setting such store (03 October 2012) More...
State Development Area (SDA) changes to boost industry
The Newman Government has identified a number of opportunities to improve and clarify the development schemes of six SDAs across the State. The amendments include the addition of a voluntary but recommended pre-lodgement stage and change the definition of material change of use (MCU) to provide better clarity to the different types of development (05 October 2012) State Development Area changes to boost industry
Funding for Brisbane city stormwater reuse
The Australian Government announces it's contribution of $5.39 million towards the Brisbane City's Stormwater Harvesting and Reuse Project. This project enables Brisbane City Council to use treated stormwater for a range of uses such as sport and recreational park facilities (04 October 2012) Brisbane city stormwater put to good use
Commonwealth emergency funding for Queensland tenant advice service
The Gillard Government will provide $3.3 million in emergency funding for the Queensland Tenant Advice and Advocacy Service (TAAS), a service scrapped by the Newman Government. The TAAS offers essential advice and advocacy services to tenants across Queensland, providing assistance to 80,000 households annually. Advocacy and advice services like TAAS help keep Queenslanders in their homes and are critical to preventing homelessness (03 October 2012) More...
Unpaid debts could see building licences cancelled
Building contractors who fail to pay judgment debts face the possibility of having their licence suspended or cancelled under new regulations enacted. The changes have been made through an amendment to the Financial Requirements for Licensing (FRL) under the Queensland Building Services Authority Act 1991 (28 September 2012) More...
Concerns with BCCMA amendments: Property Council
The Property Council has raised concerns with the Attorney-General about amendments proposed to the Body Corporate and Community Management Act (BCCMA) and the Government's decision not to consult with industry prior to the introduction of the amendments (27 September 2012) More...
Gas Market Review Report 2012 released
The Energy Minister has released the 2012 Gas Market Review Report and reaffirmed the Newman Governments commitment to an adequate domestic gas supply, as well as the state's developing liquefied natural gas (LNG) export industry (27 September 2012) More...
Upgrades to the Port of Cairns
Queensland's Coordinator-General has declared the proposed upgrade of the Port of Cairns a significant project. The EIS process marks the beginning of a comprehensive assessment process that would look at the environmental, social and economic impacts and benefits of the project for the proposal to improve shipping access to Trinity Inlet (25 September 2012) More...
In practice and courts – VictoriaStandard Development Contributions Advisory Committee
The Minister for Planning has appointed the Standard Development Contributions Advisory Committee to provide advice on the final framework for a new standard development contributions system and on the establishment of standard levies.
The Minister for Planning has announced Ministerial Direction No. 15 which comes into effect on 25 October 2012 (not today as may have been reported). The Direction sets times to complete key steps in the planning scheme amendment process.
Late submissions to the proposed reformed zones closed on Friday 28 September 2012.
Cases – VictoriaAgape Investments Pty Ltd & Eighth Natro Pty Ltd v Chen & Ors  VCC 1323 BREACH OF CONTRACT– Damages for delay – liquidated damages – penalty clauses - rectification
LEGISLATION CITED – Transfer of Land Act 1958, s89A(3) JUDGMENT – The first plaintiff's claim against the first defendant dismissed. Judgment for the second plaintiff against the first defendant in the sum of $28,550.00. Counterclaim dismissed More...
Stamatakos v Balbo (Retail Tenancies)  VCAT 1408
LANDLORD AND TENANT - s.54 (2) Retail Leases Act 2003 - whether landlord had obligation to maintain common property. Competition and Consumer Act 2010 - misleading and deceptive conduct, whether representations conveyed to the tenant; whether the tenant was induced to enter into the lease in reliance of the representations – Whether guarantor able to avail himself of the set off that would otherwise have been available to the tenant. The Respondent must pay the Applicant $15,452.85 More...
Cosmopolitan Hotel (VIC) Pty Ltd & Anor v Crown Melbourne Limited & Ors (Retail Tenancies)  VCAT 1407
Damages – principles of assessment – whether applicant may claim and recover reliance damages instead of expectation damages – whether the applicant is confined to nominal damages More...
Moussa v Goodhead Beer Company Pty Ltd (Retail Tenancies)  VCAT 1406
LANDLORD AND TENANT – Relief from forfeiture; relevant principles, whether past breach by landlord entitles tenant to relief from forfeiture – whether offer to pay outstanding rent and outgoings on terms adequate to justify granting relief; whether failure to comply with previous undertaking given to the Tribunal relevant to exercise of discretion – dismissed More...
Besser v Alma Homes Pty Ltd  VSC 460
SALE OF LAND – Amendment of plan of subdivision – Whether amendment of subdivision materially affected the lot – Whether purchaser entitled to rescind the contract – Whether purchaser entitled to repayment of deposit from vendor – Sale of Land Act 1962 (Vic) ss 9AC, 9AF More...
Versus (Aus) Pty Ltd v A.N.H. Nominees Pty Ltd & Ors (Retail Tenancies)  VCAT 1442
LANDLORD AND TENANT – proper and effective service on a corporation; deemed assignment of lease; Section146 Property Law Act 1958 – whether notice was effective notice - notice to specify what acts are to be done to remedy breach. Res judicata – whether current proceeding merged in earlier judgment. Section 75 Victorian Civil and Administrative Tribunal Act 1998 – relevant principles concerning the striking out of claim More...
Cases – QueenslandWhite v Downes  QCAT 450
LANDLORD AND TENANT – RETAIL AND COMMERICAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES – MINIMUM TERM OF LEASE AND RENEWAL OF TERM – where applicant leased property with option to renew – where lessor gave notice to quit after lease expired – whether notice to quit valid – whether landlord entitled to mesne profits. Coronis v Jilt Pty Ltd & Anor  QCA 66. Hampton v BHP Billiton Minerals Pty Ltd (No 2)  WASC 285
Landers v Schmidt  1 Qd R 188. Lollis v Loulatzis & Anor  VSC 547. Wilson v Kelly  VR 147 More...
Published – articles, papers, reports – QueenslandThe Queensland 2012 Gas Market Review Report
Author: Queensland Government
The report analyses factors including future pricing, supply-demand balance and peak demand, as well as barriers to market growth and increased competition in Queensland. The review found the dominance of LNG as a producer and customer in Queensland also created a high level of uncertainty for domestic supply, pricing and overall demand (September 2012) More...