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Inside track: Property & Real Estate

01 December 2020

#Property & Real Estate

Inside track: Property & Real Estate

In the media

China-Australia relations: US$58.5 million Sydney property deal halted by ‘chilling effect’ on foreign investments
A group of Chinese investors withdrew its bid to purchase a A$80 million (US$58.5 million) office tower in Sydney after waiting eight months for approval. Australia announced new processing times for foreign investment applications in March alongside other sweeping changes to Australian foreign ownership laws (19 November 2020).  More...

Slash residential investment fees for foreigners: REIA
Foreign investors are being turned off Australian residential property investments due to the costs involved, according to the REIA. The proposed fee for residential investment contained within the bill is twice that for agricultural investments, and 50 times that of commercial land and business investments (19 November 2020).  More...

Commercial property investment down 61pc
The value of commercial property deals declined 61 per cent over the year as owners hold off selling through the pandemic, figures from Real Capital Analytics show (19 November 2020).  More...

Deferred loans drop from pandemic peak
The number of deferred loans in Australia has dropped below 300,000—a reduction of almost 70 per cent since reaching a pandemic peak of more than 900,000 earlier this year (18 November 2020). More...

Office sector lures offshore investors
Offshore investors are taking a shine to office assets, making up 66 per cent of acquisitions in the Australian property market for this year. This is well ahead of the industrial sector at 22 per cent, and retail at 8 per cent, according to the CBRE Capital Flows report (17 November 2020).  More...

Residential asset alternatives ride wave of demand
Investment in alternative residential assets accounted for 27 per cent of global real estate investment in the first three quarters of 2020. The operational, or alternative, residential asset type comprises student housing, build-to-rent and senior living, according to Savills 2020 Global Living Report (17 November 2020).  More...

Property market now more ‘complex’ after COVID
COVID-19 has led to unprecedented changes in Australia, from the closure of borders to the biggest economic downturn in nearly a century. How did this phenomenon affect the country’s property market (17 November 2020).  More...

RMIT says our cities are getting less green
Australia’s largest urban greening initiative has revealed 67 percent of suburbs and cities across the country will face significant challenges in growing and maintaining green cover in the future, as our cities grapple with a rising population and grey spaces expand with urban development (13 November 2020).  More...

Tenant landlord relationship tested during COVID-19
New AHURI research investigated the mental and economic wellbeing of landlords and tenants to help governments at all levels make the best housing policy decisions during and following the coronavirus pandemic (12 November 2020).  More...

CEFC backs revolutionary eArc panels in next wave of solar innovation for Australia
The CEFC has invested in innovative solar energy technology with the potential to revolutionise Australia’s use of rooftop solar, delivering lightweight, flexible panels that can be used across a wider range of applications than existing glass panels (11 November 2020).  More...

Work from home to crunch commercial property
A survey produced by EY and the Urban Land Institute forecasts that the COVID-19 pandemic will have a significant impact on global demand for office space over the next 3-5 years., and many are expected to seek more flexible lease contracts (11 November 2020).  More...

Build back better: Is commercial property going green?
As the commercial property sector continues to come to grips with the profound socio-economic impact of COVID-19, professionals are naturally looking ahead to see what trends have been accelerated and how this will impact future use of and demand for buildings (09 November 2020).  More...

Property Council supports national framework for net zero emissions by 2050
The Property Council of Australia has welcomed the introduction of the Climate Change (Adaptation and Mitigation) Bill 2020 which seeks to create a national framework to reduce emissions to net zero by 2050.
Australia’s buildings account for 23 per cent of national emissions and our industry is well placed to take action to reduce emissions and make our buildings more efficient and resilient (09 November 2020).  More...

Victoria

Mirvac, Milieu lodge plans for 527 build-to-rent apartments
Mirvac and Milieu’s plans to develop 527 build-to-rent units on a one hectare site in Melbourne’s inner north are moving ahead. The Albert Fields precinct will transform several industrial buildings and homes into a multi-storey residential development including retail over two levels of basement (19 November 2020).  More...

Stronger clearer planning controls for the surf coast
The Victorian Government is seeking community feedback on stronger planning controls ensuring the iconic Surf Coast is permanently protected from overdevelopment and urban sprawl while improving the local environment (19 November 2020).  More...

MAB plots course for $3.3b industrial estate at Avalon Airport
Private developer MAB Corporation is planning a $3.3 billion industrial estate on a 780-hectare site next to Avalon Airport (18 November 2020).  More...

VIC Government: $5.3b big housing build program
The Victorian Government have announced a $5.3 billion Big Housing Build program to construct more than 12,000 new homes throughout metro and regional Victoria. Big Housing Build is Australia’s biggest ever investment in public and community housing (15 November 2020).  More...

Government announces six preferred station locations for Melbourne's suburban rail loop
The Victorian Government reveals the future Suburban Rail Loop will begin at Southland Shopping Centre, as it commits $2.2 billion to fund early works on the project from 2022 (16 November 2020).  More...

NSW

REINSW: The unintended consequences of the NSW Government’s property tax reform
With the dust settling on the announcement that stamp duty would be phased out and replaced with another tax, the Real Estate Institute of NSW has shone a light on some of the unidentified - or unconsidered - impacts of the proposal (18 November 2020).  More...

NSW budget targets much needed improvements to NSW planning system
Urban Taskforce CEO, Tom Forrest, welcomed the budget announcements of changes to the stamp duty tax system, new funding to fast track the planning system and a reversal of the GSC’s ban on mixed use development on dilapidated industrial land (17 November 2020).  More...

Support for owners to remove high risk cladding
The NSW government will establish Project Remediate, a three-year program to help remove combustible cladding on hundreds of the most at-risk buildings, and pay the interest on loans by commercial lenders to building owners and owners corporations, fast-tracking the removal of unsafe cladding (17 November 2020).  More...

Up to $1.1b to be raised from levy on developers near Sydney's new airport
The developer levy will be imposed to help pay for pay for roads, schools and other infrastructure near Western Sydney Airport (10 November 2020).  More...

Queensland

Walker strikes $2.5bn Sunshine Coast development deal
Walker Corporation has padded out its pipeline with an agreement to deliver $2.5 billion in development planned for the Maroochydore’s new CBD on the Sunshine Coast (19 November 2020).  More...

Council forced to approve controversial transport depot on polo ground
After being taken to court over its rejection of the DA, the council agreed through court to approve the DA with different conditions (18 November 2020).  More...

Artificial intelligence in property: Queensland researchers awarded industry grant
Queensland researchers have been awarded an Australian Property Research and Education Fund research grant to consider the use of big visual data utilising artificial intelligence in valuing residential properties (16 November 2020).  More...

E-Commerce growth drives Queensland logistics investment
Industrial and logistics property has remained one of the few corners of the commercial real estate market to ride through the disruption of the pandemic relatively untouched (16 November 2020).  More...

Brewery to open restaurant in heritage-listed Morningside factory
The factory, a collection of buildings by the Brisbane River, has a longstanding connection to Australia's defence forces (10 November 2020).  More...

Hailstorm catastrophe losses rise to $300 million
Insurance losses from October’s Queensland hailstorms have risen to $300 million as claims continue to be lodged from the event, the Insurance Council of Australia says (09 November 2020).  More...

'Critical' SEQ land supply shortage prompts affordability warning
South-east Queensland is facing a severe land supply shortage that could drive up house prices if not urgently addressed, a new report says (08 November 2020).  More...

In practice and courts

Commonwealth

Member survey results in support of UDIA’s HomeBuilder 2.0 submission
UDIA National has unveiled a new industry survey designed to support an extension and re-design of HomeBuilder given the extended economic downturn facing Australia as a result of COVID-19. The results also show there is a real risk that approvals, new home starts and the associated economic activity will slow in 2021 absent an extension and redesign of HomeBuilder (13 November 2020).  More...

API member alert: Code of ethics and rules of professional conduct
The Code of Professional Conduct has been renamed and reclassified as the Rules of Professional Conduct (Rules). The Rules are mandatory for all Members and Appendix 1 of the Rules contains Rules for Valuers which are applicable to Members providing valuation services of real property and plant, machinery and equipment (chattels). Read the new Rules here. Effective 28 February 2021.

Australian Bushfires Disaster Emergency Declaration — Understanding your privacy obligations
The Attorney-General has made the Privacy (Australian Bushfires Disaster) Emergency Declaration (No. 1) 2020 (the emergency declaration) under Part VIA of the Privacy Act 1988 (Cth) (Privacy Act). The emergency declaration was made in response to bushfires in Australia resulting in death, injury and property damage occurring from August 2019 into 2020.The emergency declaration expires on 20 January 2021.

Climate Change (Adaptation and Mitigation) Bill 2020
The Climate Change (Adaptation and Mitigation) Bill 2020 sets out a framework for national plans to be put in place and updated by the Australian Government, and for progress to be rigorously monitored and reported. The national framework seeks to ensure that Australia has:
a positive response to the challenges of climate change; national plans for adapting to a changing climate;
national plans for reducing greenhouse gas emissions; transparent monitoring, reporting and accountability (09 November 2020).  More... 

Announcements, Draft Policies and Plans released 2020

Queensland

Title Registry Alerts No 176: New Queensland enduring power of attorney forms and important changes to guardianship laws commencing 30 November 2020
New approved forms for Queensland enduring powers of attorney (short form (Form 2) version 4 and long form (Form 3) version 4) will come into effect on 30 November 2020 to coincide with the changes to guardianship laws.
Important changes to guardianship laws as a result of the Guardianship and Administration and Other Legislation Amendment Act 2019 will commence on 30 November 2020.  More...

Planning support during COVID-19
The Queensland Government passed urgent changes to include applicable event provisions in the Planning Act 2016 in response to the COVID-19 pandemic. Declarations of applicable events- On 2 October 2020, the Planning Minister further extended the COVID-19 applicable event until 31 January 2021.

Reminder: Planning legislation amendment
The additional time provided through the extension notice applies to development approvals in effect on 8 July 2020 or which come into effect between 8 July 2020 and 31 October 2020. For example, a development approval that would have ordinarily lapsed on 1 August 2020 now won’t lapse until 1 February 2021.

Temporary use licences - Planning (COVID-19 Emergency Response) Regulation 2020
This temporary regulation establishes requirements for keeping documents physically available for inspection and purchase in recognition of health and safety restrictions. This enables local governments to continue to meet their statutory obligations. The regulation is in effect to 31 December 2020.  More...

Commercial leasing guideline extended
An extension to the mandatory leasing provisions introduced to give effect to the National Commercial Code of Conduct, has now been enacted through the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Amendment Regulation 2020. The amendments introduce an ‘extension period’ and separate the requirements between the response period (29 March 2020 to 30 September 2020) and the extension period (1 October 2020 to 31 December 2020). 
Note: You can access the Amendment Regulation here. The Queensland Small Business Commissioner will continue to assist with resolution and mediation of COVID-19 affected small businesses leases.

PCA: Land tax relief extended
As part of its ‘mini-budget’ the Queensland Government has announced a 25 per cent land tax rebate is available for eligible properties for the 2020-21 assessment year. The due dates for applications for the land tax rebate are: 2019-20, applications close on 31 October 2020 and 2020-21, applications close on 26 February 2021.
The rebate is only available if you owned an eligible property at midnight on 30 June 2019 and/or 30 June 2020, and were liable for land tax in relation to the property (2020).  More...

Build-to-rent update
The Queensland Government has announced the preferred proponents of its Build-to-Rent Pilot Project that was announced as part of the 2018 Mid Year Fiscal and Economic Review. Frasers Property and Mirvac are the successful proponents who are required to deliver a component of government subsidised affordable housing dwellings (October 2020).  More...

Modernised body corporate regulations to start in March 2021
The Queensland Government has finalised a modernised set of corporate regulations to take effect from 1 March 2021.  More...

Community titles changes for COVID-19 period
More measures have been introduced to support the community titles sector in Queensland.  More...

Consultations

Beerburrum to Nambour rail upgrade - park 'n' ride
Have your say on the Beerburrum to Nambour Rail Upgrade park 'n' ride facilities. Closes 20 November 2020.  More...

SDA application for a material change of use for high-impact industry in the Bromelton state development area
Closes on 1 December 2020 SDA application for a material change of use for high-impact industry in the Bromelton State Development Area.

Published – articles, papers, reports

PC productivity insights 2020: Australia’s long term productivity experience
This Productivity Insights research was released on 19 November 2020. It describes Australia's long run economic history and highlights the role of productivity in driving living standards.  More...

Cases

AAGG Developments Pty Ltd v Saafin Constructions Pty Ltd & Ors [2020] VSC 768
PROPERTY LAW —CAVEATS – application for removal of a caveat lodged on title to land – whether caveators have established a prima facie case for an interest in the land arising under an implied, resulting of constructive trust – whether the balance of convenience favours retention or removal of the caveat – other proceedings in the court in which the individual defendants have been given leave to bring a derivative claim in the name of and on behalf of the corporate defendant for a declaration that the plaintiff holds the land as constructive trustee for the corporate defendant – relevant individual defendants have a prima facie case to sustain the interest in the land claimed in unusual circumstances, being a derivative claim made by the individual defendants on behalf of and in the name of the corporate defendant for a declaration of an interest arising under a constructive trust and the re-transfer of the land by the plaintiff to the corporate defendant – appeal pending against the grant of leave to the individual defendants to bring derivative claim – whether appropriate to make final orders or interim orders – interim orders appropriate pending determination of the appeal – Piroshenko v Gosjman, [2010] VSC 240; (2010) 27 VR 489; Goldstraw v Goldstraw [2002] VSC 491; Australian Broadcasting Corporation v O’Neill [2006] HCA 46; (2006) 227 CLR 57, 82; Carbon Black Pty Ltd v Launer [2015] VSCA 126; El-Saafin & Anor v Franek & Ors (No 4) [2020] VSC 389, referred to.

Zaric v City of Greater Dandenong [2020] VSC 756
APPEAL FROM THE DECISION OF VCAT – review of planning powers of respondent – VCAT summarily dismissed applicant’s proceeding under s 75 VCAT Act on basis of proceedings being misconceived, lacking substance and abuse of process – VCAT asserted proceedings sought to re-agitate issues already decided – VCAT asserted planning permit spent once subdivision work completed – applicants appeal summary dismissal - applicant sought to set aside decision of senior member Richards – as no appeal has been lodged, this matter cannot be ruled on - applicants further sought to reinstate previous proceedings before VCAT under s 149B of the Planning and Environment Act – act does enable previous orders of VCAT to dismissed or set aside – applicants further sought enforcement orders pertaining to the planning scheme the subject of this proceeding – matter previously ruled on by VCAT and Court of Appeal – Council could not be added to this proceeding for enforcement orders – even if Council were able to be added, enforcement orders could not be made - applicants argue under s 52 VCAT Act Court of Appeal had no jurisdiction to hear matter – applicants’ submissions incorrect – section 52 provided Jurisdiction to Court of Appeal to hear matter – furthermore, s 52(3) provides rulings of court in the absence of jurisdiction valid - applicants assert planning permit cannot be expired as per s 68 Planning and Environment Act - section 68 not exhaustive - permit expired by virtue of development being completed – appeal fails to establish any ground of appeal, or show any error in VCAT’s approach and conclusion regarding s 75 VCAT Act - court satisfied applicants have no real prospect of success – matters raised in appeal conclusively ruled upon previously by Court of Appeal – court needs to conserve its resources –applicant’s application an abuse of process and vexatious.

C B Buffet (Burwood) Pty Ltd v Delloyd Pty Ltd (Building and Property) [2020] VCAT 1234
RETAIL LEASES-INJUNCTION–no serious question to be tried concerning the right of the landlord to forfeit the lease by re-entry–Covid-19 legislation found not relevant to the right of the landlord to do so, there being no serious question concerning the proposition that the lease is not an eligible lease within the meaning of the Covid-19 legislation.
RELIEF AGAINST FORFEITURE–found not to be a case regarded as exceptional as would justify the refusal of an order granting relief against forfeiture–relief against forfeiture granted.

Contempree v BS Investments Pty Ltd & Anor [2020] QCA 255
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – OTHER MATTERS – where the appellant is a director of a company – where the company ran a backpackers hostel from a commercial building it owned – where the respondents purchased the land and premises from the company and leased the premises back to the company – where the company then in turn assigned the lease to a third party company – where the original lease was not registered until after it was assigned to the third party company – where the third party company’s obligations under the lease were guaranteed by, amongst others, the appellant – where the third party company initially paid rent but subsequently fell into arrears – where the respondents commenced proceedings against the guarantors for payment under the guarantee and were awarded judgment in the Magistrates Court – where the respondents then commenced proceedings in the District Court – where the appellant alleged at trial that there was no valid lease because it was not a registered lease at the time the assignment was entered into and therefore there was no performance to guarantee – where the basis of that argument was that the lease was not valid at law until it was registered and the respondents’ failure to have the lease registered until then constituted a repudiation of the agreement to lease, which gave the appellant the right to rescind the agreement to lease – where the appellant argued that the rescission was effected by vacating possession – where the appellant also pleaded at trial: That the guarantee did not comply with requirements of the Property Law Act 1974 (Qld); that the only lease in existence was a tenancy from month-to-month; that there was an Anshun estoppel by operation of the earlier Magistrates Court proceedings and the respondents were precluded from bringing the proceedings at trial pursuant to the res judicata principle; and that to the extent that it was argued a lease existed between the respondents and the third part company, that it was surrendered or terminated and that the guarantee was therefore limited to that period (and that in that respect, the respondents failed in their duty to mitigate losses in respect of the alleged lease) – where the respondents argued that the lease was at least an equitable lease from the date of execution of the deed of assignment and the guarantees and that furthermore, nothing was done to bring it to an end – where they argued that the lease was capable of being assigned and was assigned with that assignment subsequently perfected by registration – where after a three-day trial the learned trial judge concluded that the assignment and guarantees were effective and accordingly there was judgment in the respondents’ favour – where the appellant now raises some 30 overlapping grounds of appeal dealing with the lease, including its assignment, guarantee and surrender – whether the trial judge erred at law in his Honour’s findings in respect of the lease – whether the trial judge erred in fact and at law with respect to his Honour’s findings concerning the assignment, guarantee and surrender or termination of the lease.
Land Title Act 1994 Qld s 62, s 64, s 182, s 184, s 185; Property Law Act 1974 Qld s 10, s 11, s 56.

Brisbane City Council v YQ Property Pty Ltd [2020] QCA 253
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY – GENERALLY – DISCRETION OF CONSENT AUTHORITY – where the respondent lodged a development application with the applicant Council to construct multiple townhouses in a low-density residential zone – where the application was properly made at a time where multiple townhouse developments were permitted in low-density residential zones under the Brisbane City Plan 2014 – where, after the conclusion of the hearing before the primary judge, but before judgment, the applicant Council resolved to amend the Brisbane City Plan 2014 to prohibit the development of multiple townhouse developments in low-density residential zones – where the learned primary judge allowed the respondent’s appeal and approved the development – where the applicant complains that the learned primary judge did not take the amendments into account as required by the principle in Coty (England) Pty Ltd v Sydney City Council (1957) 2 LGRA 117 – whether the learned primary judge properly considered the principle in Coty (England) Pty Ltd v Sydney City Council (1957) 2 LGRA 117 – whether the principle in Coty (England) Pty Ltd v Sydney City Council (1957) 2 LGRA 117 should be given determinative weight.
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY – where the development proposed by the respondent involved the removal of four native trees – where the learned primary judge characterised the four native trees as “unremarkable” – where the applicant Council complains that the learned primary judge’s description of the trees as “unremarkable” was made without evidence – where the applicant Council contends that the relevant provisions of the Biodiversity Overlay Code within the Brisbane City Plan 2014 should be interpreted to require the blanket protection of native trees – whether the learned trial judge erred by describing the trees as “unremarkable” – whether the learned trial judge erred by allowing the respondent’s appeal and approving the development notwithstanding the destruction of the four native trees.
Planning Act 2016 Qld s 45, s 45(5)(a), s 45(5)(b), s 45(7), s 45(8), s 60, s 60(3).
Planning and Environment Court Act 2016 Qld s 46, s 63; Sustainable Planning Act (repealed), 2009 Qld s 326(1)(b).

Rolling Rock Nightclub Pty Ltd v Commissioner for Body Corporate and Community Management [2020] QCAT 435
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - where decision to reject an application for adjudication – whether party to a dispute – whether party directly concerned in a dispute – whether dispute capable of adjudication. Body Corporate and Community Management Act 1997 Qld ss 227, 228, 238, 239C, 241, 276; Queensland Civil and Administrative Tribunal Act 2009 Qld s 20.

Cases to 16 November 220

Moreton Resources Ltd (in liq) & Ors v First Samuel Ltd & Ors [2020] QSC 339
MORTGAGES – JUDICIAL SALE – where the first and second applicants held certain property and resource tenements associated with a silver mine in Southern Queensland – where a secured debenture deed granted the first respondent, as trustee for the debenture holders including the second respondent, a security interest over that property – where the third applicants were appointed as administrators of the first and second applicants and commenced a marketing and sale campaign for the property – where the second respondent made various offers to purchase the property which were not accepted – where the second respondent repeatedly asserted his security interest, including by causing the lodgement of caveats and appointment of receivers – where the liquidators entered into a sale agreement with a third party – whether the Court should direct, under s 99(2) of the Property Law Act 1974 (Qld), that the property be sold pursuant to the sale agreement.
MORTGAGES – RECEIVERS – APPOINTMENT – GENERALLY – where the first respondent, as security trustee, did not appoint receivers pursuant to instructions given by beneficiaries including the second respondent – where the security trust deed provided that if the security trustee failed to exercise a power as instructed within a reasonable time, a beneficiary could exercise the power – where the second respondent purported to appoint the fifth respondents as receivers – whether the appointment of the fifth respondents as receivers was valid. Property Law Act 1974 Qld s 99.

Gladstone Ports Corporation Limited v Murphy Operator Pty Ltd & Ors [2020] QCA 250
TORTS – ABUSE OF LEGAL PROCESS – LAW OF MAINTENANCE AND CHAMPERTY – GENERALLY –where the appellant dredged waterways, excavated soil, and placed the materials dredged or excavated into various other places around the port of Gladstone – where the first, second and third respondents are plaintiffs in a class action brought pursuant to Part 13A of the Civil Proceedings Act 2011 (Qld) – where the respondents allege that, due to the appellant’s negligence and failure to comply with certain statutory obligations, the waters surrounding the port of Gladstone were polluted and they suffered loss of profits as a result – where the respondents’ solicitor was able to obtain the agreement of the fourth respondent (the Funder) to fund the class action – where there were several agreements entered into by the respondents’ solicitors, the members of the class actions and the Funder – where the appellant sought an order that the respondents provide security for costs – where the appellant contended before the learned judge of first instance that the funding agreement between the claimants and the Funder was champertous and unenforceable and, as a consequence, there was a “risk” that the security deed would be “tainted” and therefore also unenforceable – where the learned judge did not decide this question of law – where there was no appeal against the security for costs order – where the respondents then sought an order joining the Funder as a respondent to the application and also sought a declaration that the representative agreement and the member agreement were “not, by reason of maintenance, champerty or public policy, unenforceable” – where the respondents sought an order by the learned judge to refer the question to the Court of Appeal for its “opinion” pursuant to Uniform Civil Procedure Rules 1999 (Qld) r 483(2) – where the respondents are seeking an advisory opinion from the Court – where the appellant at this appeal did not submit that entry into the agreements constitute, or that anything done or likely to be done under them would constitute, an abuse of the court’s process – where the appellant submits that the funding agreements were tantamount to an impermissible assignment because their effect was to confer upon the Funder the practical control of the litigation – whether the agreements are unenforceable as being against public policy.

Speets Investment Pty Ltd v Bencol Pty Ltd [2020] QCA 247
LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENTS – COVENANTS – AS TO REPAIR – GENERAL PRINCIPLES – where the landlord and tenant each alleged that the other is responsible under a commercial lease for works on and repairs to a motel – where the trial judge made declarations as to liability in favour of the tenant in relation to some areas of the motel – where the trial judge made declarations as to liability in favour of the landlord in relation to some areas of the motel – where the landlord appeals against declarations which declared the landlord to be responsible to do works or repairs – where the landlord appeals against declarations which set timeframes in relation to directions requiring the landlord to do works or repairs – where the landlord sought declarations attributing to the tenant liability under the lease for particular types of repair work – whether the respondent tenant was liable under the lease – whether the appellant landlord was liable under the lease.
EQUITY – EQUITABLE REMEDIES – OTHER REMEDIES – where the trial judge was informed by parties that they sought orders only by way of declaration – where neither party sought specific performance – where the parties stated that an arrangement had been made to appoint an independent expert following trial to adjudicate on any disputes which might arise in relation to carrying out work or repairs under the commercial lease – where the arrangement was not a clear agreement between the parties – where declarations made by the trial judge were contingent on findings of the independent expert – where declarations incorporated coercive elements of relief – whether extrajudicial arrangement as to the independent expert was an improper delegation of judicial power – whether the declarations should be set aside.
District Court of Queensland Act 1967 Qld s 68, s 113, s 118, s 119; Property Law Act 1974 Qld s 124.

Legislation

Commonwealth

Bills

Native Title Legislation Amendment Bill 2020
Senate 12 Nov 2020 - The Native Title Legislation Amendment Bill 2019 (the Bill) amends the Native Title Act 1993 (Native Title Act) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006  to improve native title claims resolution, agreement-making, Indigenous decision-making and dispute resolution processes.

Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020
HR 09 November 2020 - A Bill for an Act to create duties to consider climate change impacts and to deal with consequential and transitional matters arising from the enactment of the Climate Change (National Framework for Adaptation and Mitigation) Act 2020.

Climate Change (National Framework for Adaptation and Mitigation) Bill 2020
HR 09 November 2020 - A Bill for an Act to establish a national climate change adaptation and mitigation framework, and to establish the Climate Change Commission.

Disclaimer
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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