The recent Supreme Court of Victoria decision of Clifford v Solid Investments Australia Pty Ltd [2009] VSC 223 (Cliffords Case) confirms that special conditions in "off the plan" contracts of sale need to be carefully reviewed to ensure compliance with the Sale of Land Act 1962 (Vic) (Act).

The Commonwealth Government announced the creation of a $652 million Renewable Energy Future Fund in its 12 May 2010 budget statements, as part of the expanded $5.1 billion Clean Energy Initiative.

As part of COAG's commitment to introducing a comprehensive National Strategy for Energy Efficiency, the Building Energy Efficiency Disclosure Bill 2010 (Bill) was introduced into parliament on 18 March 2010.

On 12 May 2010 the New South Wales Government announced the introduction of an ad valorem transfer fee in respect of the transfer of real property in New South Wales. This transfer fee is in addition to existing stamp duty payable on transfers of real property and is also payable by the purchaser.

The recent collapse of Lehman Brothers and the subsequent financial crisis has had far reaching consequences for many organisations and government bodies worldwide.

The Minister for Small Business has made a determination published in the Victoria Government Gazette No. S 209 on 24 July 2008 (the Determination) which comes into effect on 1 August 2008.

The Retirement Villages Amendment Bill 2008 was passed by both Houses of Parliament last Thursday 4 December 2008 (the last sitting day of Parliament this year).

The new Criminal Procedure Act 2009 (Act) has been proclaimed and applies to all criminal proceedings commenced after 1 January 2010. This e-alert is the first of a series of e-alerts designed to assist you with preparing your proceedings in the Magistrates' Court and complying with the Act.

The national Mandatory Renewable Energy Target (MRET) scheme is an element of the Federal Government’s response to the effects of climate change and the need to reduce greenhouse gas emissions. It aims to encourage investment in renewable energy for Australia’s electricity supply, which results in fewer emissions than electricity sourced from generators fired by non-renewable fossil fuels.

The National Public Private Partnership Policy and National Public Private Partnership Guidelines (as developed by Infrastructure Australia) have now been endorsed by the Council of Australian Governments.

The continuing global credit market tumult has caused financiers to reassess the terms on which they are prepared to provide finance. This reassessment has had a significant impact on the terms and conditions of finance documents.

It is wise business practice for a person contracting the creation of copyright works to obtain an assignment of the copyright in those works, or clearly scope the terms of their licensed use of those works.

On 23 October 2009, the Court of Appeal in Maroondah City Council v Graham C Fletcher and Minister for Planning [2009] VSCA 250 allowed Council's appeal and ordered that Fletcher's challenge to a POS requirement (imposed by permit condition) be remitted to VCAT for rehearing, in accordance with law.

Maddocks recently acted for Port Macquarie-Hastings Council (Council) in a watershed case involving prosecutions of both Council and a Council officer for breaches of environmental legislation.

In March 2010, the Australian Institute of Superannuation Trustees (AIST) and the Climate Institute have released their second annual survey of the Asset Owners Disclosure Project, a climate change investment initiative. The survey assesses Australia’s largest superannuation funds’ readiness to manage the risks and realise the opportunities associated with climate change.

In December 2009, the United Nations Climate Change Conference held its 15th Conference of the Parties (COP15) in Copenhagen, Denmark. The primary aim of COP15 was to establish a new agreement to replace the Kyoto Protocol, which is due to expire in 2012.

Please find attached the latest Maddocks Bank Notes. In this issue: - Reinstatement of claims by creditors over shareholders - The future use of a property by a purchaser may impact on the GST liability - Government Guarantee to cease - Is the Global Financial Crisis really over? - Foreign Acquisitions and Takeovers Amendment Bill 2009

In the recent decision of Gwandalan and Summerland Point Action Group Inc v Minister for Planning his honour Justice Lloyd of the NSW Land and Environment Court declared void approvals given by the then Minister for Planning, Frank Sartor (Minister), for a large residential development at Catherine Hill Bay and Gwandalan. His honour held that the Minister's approvals were affected by a reasonable apprehension of bias.

Case highlights the need for complex claims to be well considered and particularised before proceeding to litigation.

Some time ago in Hassta Holdings Pty Ltd v Maroondah CC [2007] VCAT 2455 (Hassta), the Tribunal held that the practice of making a public open space requirement under section 18 of the Subdivision Act 1988 by way of a note on a planning permit is not a valid means of making such a requirement.