In the media – National
Centre managers see cause for optimism
Shopping centre managers are reporting an increase in leasing
enquiry for the first time since 2011, according to Jones Lang
LaSalle's (JLL) latest National Retail Centre Managers'
Survey (18 March 2013)
More...
CBRE: Foreign investor interest in Australian commercial
property at pre-GFC highs
The prospect of securing high-yielding investments in a mature,
transparent and liquid real estate market is drawing foreign
investors to the Australian commercial property market (13 March
2013)
More...
In the media – New South Wales
Sydney's first EUA at Central Park
announced
The City of Sydney, ANZ, Eureka and Low Carbon Australia have
struck Sydney's first Environmental Upgrade Agreement with a
$26.5 million package to fund a trigeneration plant at Central
Park, the $2 billion mixed-use development by Frasers Property and
Sekisui House (20 March 2013) More...
NSW Government and landowners unlock
supply
The NSW Government will take immediate action to support
development of up to 15,850 new homes across the Sydney region with
community consultation taking place on another 60,000 dwellings.
The Government has also released the Evaluation Report into the
sites investigated and the Government's endorsed actions in
relation to these sites is available online at www.planning.nsw.gov.au
(16 March 2013)
Government and landowners unlock supply
In the Media – Queensland
Global property investment volumes on the
rise
The global property investment market saw a 6 percent rise in 2012
to US$929 billion, but could exceed the US$1 trillion mark in 2013,
according to Cushman & Wakefield's latest International
Investment Atlas (18 March 2013).
More...
ACCC unfair contract terms deleted following
review
Unfair contract terms used in standard form consumer contracts
have been changed or removed following an industry specific review
and engagement by the Australian Competition and Consumer
Commission (13 March 2013).
More...
Greater national protection for water
resources
The Environment Minister will introduce amendments to
Australia's national environment law, the Environment
Protection and Biodiversity Conservation Act 1999 that will
require federal assessment and approval of coal seam gas and large
coal mining developments which have a significant impact on a water
resource (12 March 2013).
More...
Vegetation management changes to support new
agricultural areas
Amendments proposed in the Vegetation Management Framework
Amendment Bill 2013 will allow sustainable vegetation management
activities to occur to support the development of high value
agriculture in areas with appropriate land and climate
characteristics (20 March 2013).
More...
Queensland Land valuations confirm subdued
market
The Queensland valuer-general's latest figures confirm the
state's property market has remained subdued over the past
year. Land valuations are today being posted to more than 1.4
million people across Queensland (20 March 2013).
More...
Attorney-General to conduct full body corporate
review
The Government will now conduct a full review of the Body
Corporate and Community Management Act as part of a broader review
of property laws, after amendments passed parliament this week (19
March 2013).
More...
SEQ retail centre to expand
Orion Springfield shopping centre in Springfield Lakes, Queensland
will undergo a major expansion, with Mirvac to begin construction
on $16 million stage two, following council approval. Orion stage
one was completed in early 2007 and was awarded a six star Green
Star retail centre rating (18 March 2013).
More...
Queensland Government announces Aurizon
sale
The Newman Government has confirmed it will sell $806 million
worth of shares in Aurizon Holdings (formerly QR National) in a
deal involves the sale of 200 million shares in Aurizon to
institutional and sophisticated investors in Australia and offshore
(16 March 2013).
More...
Vogue on Main development in Surfers
Paradise
Based on advice received the State Government has decided against
a call in of the "Vogue on Main" development in Surfers
Paradise. An application was made for a call in by the developer in
February after an appeal against the development was made to the
Planning and Environment Court (14 March 2013).
More...
Queensland project signs up for first Green Star
communities
A new development in one of Australia's fastest-growing
regions is set to achieve a Green Star - Communities rating. Ecco
Ripley, located just five kilometres from the centre of Ipswich, is
the first in Queensland to be accepted as a project for the
newly-released Green Star - Communities PILOT rating tool (13 March
2013).
More...
CSG law changes at odds with mining,
agriculture
Qld mining and farming groups say there is an imbalance between
mining and agriculture with the proposed Federal Government changes
to coal seam gas (CSG) laws (13 March 2013).
More...
Published – articles, papers, reports – Queensland
Australian Government response to the Climate Change
Authority's Renewable Energy Target Review Final
Report
Last December the Climate Change Authority delivered its review
into the RET, offering 34 rcommendations to the government. The
government agrees that full reviews every four years would provide
an appropriate balance between flexibility in the scheme and policy
stability for investments.
More...
The Business Case for Green Building: A Review of the
Costs and Benefits for Developers, Investors and
Occupants
World Green Building Council (WorldGBC)
Highlights a large number of compelling benefits of green
buildings and examines whether or not it's possible to attach a
financial value to the cost and benefits of green buildings (14
March 2013). More...
In practice and courts – Victoria
Announcements, Draft Policies and Plans released
Reformed residential zones update
The Reformed Zones Ministerial Advisory Committee submitted its
progress report on the residential zones to the Minister for
Planning on 14 December 2012. The government has responded to this
report with a set of final zones. Revised version of the final
residential zones published on 6 March. Click here for the
6 March 2013 version. (14 March 2013)
Commencement of Act to adopt national e-conveyancing
law
The Electronic Conveyancing (Adoption of National Law) Act 2013
was partially commenced in Victoria on 14 March 2013. The purpose
of the Act is to adopt the national law relating to electronic
conveyancing in Victoria.
Consultations
Victorian retail leasing: proposed Retail Leases
Regulations 2013 submissions
Submissions from interested parties on the proposed Retail Leases
Regulations 2013 and regulatory impact statement are open until 25
March 2013
More...
In practice and courts – Queensland
Recommendations timetable - Australian Government
response to the Climate Change Authority's Renewable Energy
Target
The Government intends to implement the recommendations in several
stages. The recommendations that do not require legislative change
(Recs 8, 11, 15, 19, 20, 22 and 30) will be implemented during
2013. The recommendations requiring legislative change (1, 10, and
17) will be implemented through a package of amendments the
Government intends to introduce later in 2013. Three
recommendations (13, 21 and 24) are agreed in principle, subject to
further consultation and analysis which will commence in the first
half of 2013 (21 March 2013).
More...
Carbon Farming workshops to be held in April and May
2013
The Clean Energy Regulator will be hosting the Carbon Farming
Initiative: From Plan to Practice, a series of workshops to be held
in April and May 2013. The workshops will visit metropolitan and
regional areas of New South Wales, Victoria and Queensland.
More...
Department of Natural Resources and Mines - Titles
Registry Caveats
Practitioners are reminded of the requirement under section
126(4)(b) of the Land Title Act 1994 (the Act) to notify the
Registrar of Titles of proceedings commenced to establish an
interest claimed in a caveat (March 2013). More...
Draft new City Plan factsheets
The draft new City Plan has recently become available on
Council's website.
View the draft plan here
online. A suite of helpful factsheets are now also available to
view. These factsheets provide a quick summary of the draft new
City Plan and provide guidance on how to read the plan, including
Planning for the future: The draft new City Plan. Council is
accepting feedback on the draft plan now, however you can also have
your say during the formal statutory period by making a formal
submission.
More....
Cases – Victoria
South Yarra Colonnade Pty Ltd v Designbuilt Industries
Pty Ltd & Ors (Retail Tenancies) [2013] VCAT 266
Retail tenancy – option for a further term – whether
exercised – whether notice of intention sufficient –
objective interpretation of notice – circumstances in which
notice received – negotiations for new lease – whether
concluded agreement reached – Landlord carrying out extensive
building work to building – whether breach of covenant of
quiet enjoyment – whether nuisance – Tenant
counterclaim for damages - Limitation of Actions Act 1958 –
no recovery for breach of covenant or damage suffered from nuisance
more than six years before counterclaim brought – damages
– evidence – impossibility of precise calculation
– assessment More...
Tien v Pho & Anor (Real Property) [2013] VCAT
265
Property Law Act 1958 – Part IV - Co-owned property –
adjustment of rights of parties according to contributions –
evidence – whether resulting trust - declarations made only
for purpose of exercising powers under Part IV – one party
renting co-owned property and failing to account to co-owner
– whether appropriate to adjust rights according to amounts
received or order payment of share to co-owner from proceeds of
sale - removal of caveat encumbering title to allow sale –
retention of proceeds in account to abide claim by the caveator More...
Cases – Queensland
Cleveland Power P/L v Redland Shire Council [2013] QPEC
009
PLANNING AND ENVIRONMENT – where Council refused a request
to extend the period of a development approval – where
developer appealed Council's refusal – where Council no
longer opposes an order extending the period of approval –
whether the court should have regard to the matters in s 388(1) of
the Sustainable Planning Act 2009. PLANNING AND ENVIRONMENT –
where Council refused developer's request to extend period of a
development approval – where the approval is consistent with
current laws and policies – where high level of community
awareness of the development approval – where if the request
were refused further rights to make a submission would be available
for a further development application and would be exercised by
members of the public – whether to extend the relevant period
of the development approval. More...
John Mahoney, Kathryn Mahoney and Austin Mahoney v Chief
Executive, Department of Transport and Main Roads [2013] QLC
11
Compensation is determined in the amount of One Million, Seven
Hundred and Seven Thousand, Five Hundred Dollars ($1,707,500).
Acquisition of land ? whether change of zoning was part of a scheme
to resume the land for a public purpose.
More...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
