Property & Real Estate 26 June 2012

What's News in Property & Projects - 26 June 2012

 


In the media – National  

New sustainability rating tool set to transform Australia’s cities and communities
The Green Building Council of Australia (GBCA) has released Green Star – Communities, an independent, national rating tool which will drive more sustainable, productive and liveable communities. The official ministerial launch of the tool will be made by Minister for Transport and Infrastructure in Canberra (14 June 2012)  More...

Foreign investment squeeze on property developments
Foreign investors could be forced to rethink pouring capital into Australian property developments with returns set to be squeezed from next month. Developers with offshore investment partners will face tighter margins from July 1 when the withholding tax rate doubles to 15 per cent for distributions from managed trusts (12 June 2012)  More...

Capital city dwelling values continue to fall
Dwelling values fell by 1.4 percent over May, according to the RP Data-Rismark Home Value Index.  The 1.4 percent fall brings the cumulative decline from January to May 2012 to 2.2 percent. Overall values have decreased (11 June 2012)  More...

Cost efficiency still drives sustainability in the property industry
More than 54 per cent of property industry respondents rate cost and other efficiencies as the most important sustainable feature of a building, compared with just 25 per cent who felt achieving NABERS and Green Star ratings to be the most important sustainable feature, according to a new survey (06 June 2012)  More...

Property sector welcomes further consultation on energy efficiency reporting
The Property Council of Australia has welcomed the announcement of a 12-month delay to the extension of Energy Efficiency Opportunities (EEO) reporting to greenfield developments, and the additional consultation period should be used to properly target the scheme (06 June 2012)  More...

Native title laws to be reviewed
The Federal Government is proposing changes that it says will restore the balance in native title law, streamline the claims process, and make agreements more flexible. The National Farmers Federation chief executive Matt Linnegar says any move to rethink extinguishment of native title on pastoral leases would be a real concern for farmers (06 June 2012)  More...

In the media – Victoria

Latrobe regional airport project a downpayment on economic diversification
Regional Australia Minister Simon Crean said a $3 million grant from the $200 million second round of the Regional Development Australia Fund (RDAF) for the $6.2 million second stage of the Latrobe Regional Airport project was a downpayment on the economic diversification of the region (13 June 2012)  More...

Victorian Government defers National Energy Retail Law to safeguard consumer protections
The Victorian Coalition Government has decided it will defer its transition to new national laws regulating the retailing of electricity and gas to ensure there is no reduction in key protections for Victorian consumers (13 June 2012) Victorian Government defers National Energy Retail Law to safeguard consumer protections

A logical approach to planning for Melbourne’s growth
A thorough investigation of Melbourne's growth boundary has concluded, which will help to ensure Victoria has the best-planned and most competitive land supply in Australia, according to the Planning Minister. The completion of this review will lead to urban growth boundary modifications to ensure adequate long-term land supply and enable planning for population growth to be completed well ahead of time. (13 June 2012) A logical approach to planning for Melbourne’s growth

Government shifts green wedge boundary
The Baillieu government is set to open up thousands of hectares of green wedge and farmland for housing on the metropolitan fringe, adding to a glut of Melbourne housing lots ready for development. Planning Minister Matthew Guy will unveil long-awaited plans to extend Melbourne's urban boundary in growth areas including in the cities of Casey, Whittlesea, Hume, Melton and Wyndham (13 June 2012)  More...

RDAF leverages regional development boost for Victoria
Nine Victorian projects that deliver both economic and social dividends will share in a $38.8 million regional development boost through the $200 million second round of the Regional Development Australia Fund (RDAF). The nine Victorian projects announced share in $38.8 million of RDAF grants but also leverage other funding sources to build a strong investment partnership (13 June 2012)  More...

Multi-million dollar Wellington wind farm unveiled
Plans for a $200 million wind farm near Wellington will be the first to meet the state's proposed requirements for these types of developments. The company has completed an Environmental Impact Statement outlining how it plans to minimize noise and heritage impacts as well as concerns about flora and fauna and telecommunications in the area (12 June 2012)  More...

Planning laws eased to recognise incremental sea level rise
The State Government will relax planning rules designed to address the impact of climate change in town's along Victoria's coastline. The old planning rules will still be used for new developments outside of towns (06 June 2012)  More...

MAV projects council cost rises
Council costs will need to rise up to four per cent to deliver the same level of community services and infrastructure as last year, Municipal Association of Victoria said (08 June 2012)  More...

$1 billion Regional Growth Fund delivering jobs and growth
The Victorian Coalition Government's flagship $1 billion Regional Growth Fund (RGF) is having a profound impact on jobs, growth and development across regional and rural Victoria (08 June 2012)  More...

A smarter way for planning permit applications
The Victorian Coalition Government has introduced legislation to State Parliament to give straightforward, low impact planning applications a simpler and faster permit process (07 June 2012)  More...

Coastal planning that’s commonsense
New guidelines to manage possible sea level rise and storm events will be implemented by the Victorian Coalition Government to deliver common sense and certainty to coastal planning (05 June 2012) Coastal planning that’s commonsense

Victoria signs National Partnership Agreement to strengthen coal seam gas regulation
The Victorian Coalition Government announced a boost to the research and oversight of potential coal seam gas extraction with the signing of a  National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development with the Commonwealth Government and the establishment of a new Ministerial Advisory Council (05 June 2012)  More...

Growth outcomes differ after new inner Sydney and Melbourne apartment construction
Analyst and economic forecaster, BIS Shrapnel, is forecasting that while vacancy rates for inner Sydney apartments will continue to remain tight, the inner Melbourne apartment market is now heading into oversupply (05 June 2012)  More...

In the media – New South Wales

$112 million for 2012-13 to progress key planning and infrastructure initiatives
The Department of Planning and Infrastructure will be given additional resources to fast-track the assessment of major projects. The 2012-13 Budget commits $13 million to accelerating the assessment of significant state developments, including the remaining development applications lodged under the now repealed Part 3A of the Environmental Planning and Assessment Act (12 June 2012) $112 million for 2012-13 to progress key planning and infrastructure initiatives

$50 million budget boost to kick start urban sites
The NSW Government will partner with local councils across the state to deliver much-needed new housing in key urban renewal areas under a $50 million program announced in the 2012/13 State Budget. Tthe Urban Activation Precincts Support Scheme would offer councils infrastructure support payments linked to increased housing supply in key urban areas close to jobs and transport (12 June 2012) $50 million budget boost to kick start urban sites

In the media – Queensland

Clean Energy Regulator and ASIC sign Memorandum of Understanding
The Clean Energy Regulator and ASIC have signed a Memorandum of Understanding on the working relationship between the two agencies to deliver their regulatory responsibilities under the carbon pricing mechanism (04 June 2012)  The Clean Energy Regulator and ASIC sign Memorandum of Understanding

Government to boost transport construction industry
The Newman Government will provide a significant boost to Queensland’s road and transport construction industry with changes to tendering by the state-owned RoadTek. The changes mean RoadTek will no longer take work away from private companies in major markets, such as South East Queensland (13 June 2012)  More...

Consolidated Properties plans $50 million Toowoomba project
A new residential development is planned for Toowoomba, Queensland, in a move welcomed by local council due to supply shortage. The development site vendor is one of Australia’s richest people (11 June 2012) More...

Government Precinct Master Plan
The Property Council last week welcomed the Queensland Government’s plans to revitalise the ‘Government Precinct’ through private sector redevelopment. The ‘Precinct Master Plan’ will provide opportunities for a range of retail, commercial, residential and cultural uses, all with a focus on connectivity to the river and pedestrian accessibility within and across the precinct (07 June 2012)  More...

South East Queensland Design and Construct Code
Allconnex, Queensland Urban Utilities (QUU) and Unitywater have cooperatively developed the first consolidated set of technical standards for planning, design and connection to existing water supply and sewerage infrastructure across SEQ (07 June 2012)  More...

Gas industry to deliver extraordinary growth despite economic uncertainty
Expansion of Queensland's gas industry could increase Gross State Product by half a trillion dollars in the coming decades, boosting employment, wages, and the state's reputation as an economic powerhouse, a new report has found (06 June 2012)  More...

Published – articles, papers, reports – Victoria

Presentation to the Property Council of Australia’s Sustainable Development Conference
Author: Parliamentary Secretary for Climate Change and Energy Efficiency Mark Dreyfus, Sustainable development Conference, 13 June 2012

Discussed the need to act on climate change, why to price carbon through markets, the Clean Energy Future plan, the carbon price and its impact on the economy, other measures in the Clean Energy Future Plan, energy efficiency, Clean Energy Finance Corporation, tax breaks for green buildings and the Energy Savings Initiative  More...

In practice and courts – Victoria

Green Star – Communities Rating System Released
The Green Building Council of Australia (GBCA) has released a national rating tool -  Green Star – Communities. Under the system, communities will be rated in each of the following categories: Liveability; Economic Prosperity; Environment; Design; Governance; and Innovation (14 June 2012)  More...

Draft National Building Energy Standard-Setting, Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency Working Group (E2WG) of the Select Council on Climate Change (SCCC), representing all states and territories for public comment. Interested parties may make submissions on the Draft Framework paper by Friday 6 July 2012. Draft National Building Energy Standard-Setting, Assessment and Rating Framework

In practice and courts – Queensland

Green Star – Communities Rating System Released
The Green Building Council of Australia (GBCA) has released a national rating tool -  Green Star – Communities. Under the system, communities will be rated in each of the following categories: Liveability; Economic Prosperity; Environment; Design; Governance; and Innovation (14 June 2012)  More...

Draft National Building Energy Standard-Setting, Assessment and Rating Framework
The Draft Framework has been released by the Energy Efficiency Working Group (E2WG) of the Select Council on Climate Change (SCCC), representing all states and territories for public comment. Interested parties may make submissions on the Draft Framework paper by Friday 6 July 2012.  Draft National Building Energy Standard-Setting, Assessment and Rating Framework

Draft guidelines- inspection of class 2 to 9 buildings
Comment is required on the draft guidelines for the inspection of class 2 to 9 buildings. Building Codes Queensland (BCQ) has developed a draft Guidelines for the inspection of class 2 to 9 buildings and welcomes questions and feedback. Comments on the draft guidelines may be submitted until  22 June 2012 (04 June 2012) Draft guidelines for inspection of class 2 to 9 buildings

Cases – Victoria

Sunland Waterfront (BVI) Ltd & Anor v Prudentia Investments Pty Ltd & Ors (No 2) [2012] VSC 239
TRADE PRACTICES – Misleading or deceptive conduct – whether any representations were made by the Defendants in respect to the status, purchase and development of land in Dubai – execution of contract and payment of a fee by the Plaintiff – whether any conduct of, including any representations, of the Defendants was misleading or deceptive or otherwise in breach of statutory prohibitions - whether the Plaintiff relied on any conduct including misrepresentations to its detriment – causal connection between the conduct of the Defendants and the misapprehension of the Plaintiff – no reliance by the Plaintiffs on the alleged misrepresentations – whether First to Third Defendants a ‘person involved’ in a contravention for the purposes of accessorial liability – failure of Plaintiffs to establish loss or damage – Gould v Vaggelas [1985] HCA 85; (1985) 157 CLR 215; Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 218 CLR 592; ACCC v Dukemaster Pty Ltd [2009] FCA 682 – Trade Practices Act 1974 (Cth) ss 5(1), 6(2), 52, 53, 53A, 75B, 82 – Fair Trading Act 1999 (Vic) ss 9, 12, 158, 159.  TORTS – Deceit – jurisdiction and choice of law - whether alleged representations were fraudulent – whether elements of deceit established - no evidence to support claim of deceit – Magill v Magill [2006] HCA 51; (2006) 226 CLR 551 – United Arab Emirates Civil Code (Law No. 5 of 1985).  CORPORATIONS – Corporate governance – Plaintiff’s announcements to Australian Stock Exchange (“ASX”) – Plaintiff’s failure to disclose market sensitive information in announcements to ASX – Board reporting.  EVIDENCE – Reliability of Plaintiffs’ witnesses – application of Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 – application of Browne v Dunn (1893) 6 R 67 (HL) – Evidence Act 2008 (Vic) s 140.  More...

Joseph Street Pty Ltd & Ors v Tan & Ors [2012] VSCA 113
CONTRACT – Sale of land – Specific performance – Units on proposed plan of subdivision – Contract subject to express and implied conditions to use best endeavours to register plan of subdivision – Whether vendors used best endeavours – Whether vendors entitled to rescind – Subdivision Act 1988, Parts 1, 2, 3 and 4; Planning and Environment Act 1987, Part 9 Division 2  More...

Sino International Development Pty Ltd & Anor v Mainland Projects (Oakleigh) Pty Ltd & Anor [2012] VSC 231
CORPORATIONS – Oppression – Appropriate order – Value of project unlikely to be affected by order for winding up – Order for compulsory acquisition would yield uncertain result – Order for winding up made – Corporations Act 2001 (Cth) s 233  More...

Platinum 6 Investments Pty Ltd v Alessi (Retail Tenancies) [2012] VCAT 721
Responsibility for repairs of doors and locks, burglaries meaning of “structural”, mitigation of loss  More...

Re Centro Retail Australia Limited [2012] VSC 240
TRUSTS AND TRUSTEES — Deeds of settlement – Application for approval of a trustee’s decision to enter into a compromise — Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 54.02  More...

Bradfield & Ors v QOB Tenancy Pty Ltd (Retail Tenancies) [2012] VCAT 755
Retail Tenancies List –whether retail tenancy – serviced apartments – mistake in variation of lease – correction of mistake – whether rental can be abated – meaning of outgoings – interpretation of lease and variation - applicants owners of serviced apartments – respondent tenant and operator of serviced apartments – claim for rent and interest – claim for possession – claim for relief against forfeiture – whether setoff can be claimed for rent – estoppel by convention – adjustment of outgoings –extrinsic evidence – Retail Leases Act 2003 s 52, 57 – Owners Corporation Act 2006 s 11  More...

Tortorella v Brookfield Village Management Pty Ltd (Residential Tenancies) [2012] VCAT 705
Site Agreement-rent increases- Residential Tenancies Act 1997- whether Part 4A applies-ss206V, 210B- whether notices of rent increase are notices of “proposed rent increase” within the meaning of Part 4-ss144,152,153-whether notices of rent increase invalid  More...

Cases – Queensland

Wirkus & Anor v Wilson Lawyers [2012] QSC 150
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - CONSENTS APPROVALS PERMITS AND AGREEMENTS - CONDITIONS - GENERALLY - where approval for subdivision was granted - where a condition of the approval was that an easement was granted in favour of the lot owned by the plaintiff to allow access to Goldieslie Road - where such an easement was granted but not registered - where defendant was engaged by plaintiff to assist in achieving the provision of legal access to Goldieslie Road - where defendant did not advise plaintiff to seek to enforce approval conditions, rather advised plaintiff to rely on s 180 of the Property Law Act 1974 - where plaintiff sues for negligent advice - where defendant applies for judgment - whether the 1987 approval was ‘in force’ when s 6.1.23 of the Integrated Planning Act 1997 commenced such that conditions of the approval were binding upon subsequent owners and enforceable under that Act.  REAL PROPERTY - TORRENS TITLE - INDEFEASIBILITY OF TITLE - GENERALLY - whether the title of the body corporate and individual lot owners was indefeasible such that the conditions of approval could not be enforced  More... 

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The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.  

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