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Inside track: Property & Real Estate

10 August 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Commonwealth

Almost half of all large firms are looking to change their property portfolios as a result of COVID-19, survey finds
Nearly half of all big companies around the world are looking to make changes to their property portfolios, a survey of several hudred ASX300 and Fortune 500 firms suggests (29 July 2021).  More...

How lockdowns change the property market
With Sydney still stuck in lockdown for a while yet, and Melbourne emerging from its own, there’s plenty of ramifications set to hit the property market — but it may not be in ways that we expect, according to an economist from CoreLogics (29 July 2021).  More...

CPI puts rent and interest rate increase in perspective: REIA
The June 2021 quarter CPI figures show that the rental market continued its recovery from the impact of the COVID pandemic in all but the two largest capital cities (28 July 2021).  More...

Retail vacancy hits new heights as shutdowns create CBD ghost towns
The retail vacancy rate across Australia’s major CBD’s has risen to 12.9 per cent amid the fallout from the pandemic and an increased shift to online retailing (28 July 2021).  More...

Australian property developer withdraws 2021 guidance on COVID-19 fears
GPT Group, a key Australian commercial property developer, has withdrawn its operational performance guidance for 2021 in expectation that current COVID-19 regulations will slow the economy and hit earnings (26 July 2021).  More...

House price growth tipped to normalise
House price growth is about to fade back to its usual levels, constrained by affordability, a lack of development sites, costs and labour shortages (26 July 2021).  More...

UDIA: Of negative gearing and CGT arrangements a boost for housing
The housing and construction sector has welcomed Federal Labor’s decision to leave existing negative gearing and capital gains tax arrangements untouched (26 July 2021).  More...

IEA report: Cities are key to a net-zero emission future
A newly released IEA report for the G20 Italy Presidency examines how cities can be a key to a net-zero emissions future as digitalisation opens up a range of new opportunities. The IEA’s Empowering Cities for a Net Zero Future report builds on extensive consultations with over 125 leading experts and organisations, and presents case studies from 100 cities in 40 countries (23 July 2021).  More...

Building resilient telecommunications infrastructure
CSIRO and Optus have released findings of a joint nationwide project to improve bushfire resilience of critical telecommunications (21 July 2021).  More...

Firstmac sprouts first all-green RMBS in Australia
Firstmac’s entrance into green residential mortgage-backed securities issuance is a first for the Australian market as the whole deal – not just selected tranches –is in certified green format (20 July 2021).  More...

Scrapping stamp duty would help home buyers and state economies, report finds
Scrapping stamp duty in favour of annual land taxes would encourage upsizers and downsizers to move house, benefitting both home buyers and state economies, new research from the federal government’s affordable housing arm has found (20 July 2021).  More...

Victoria

Victorian Government reveals shortlisted locations for new free car parking spaces
The government has revealed four shortlisted locations where it is considering installing the bulk of the new parking spaces. The final locations were due to be finalised by May 2022, although the plans, individual sites will have different costs associated with them. The Victorian government will fund the entire project (30 July 2021).  More...

Commercial tenancy relief for Victorian businesses
The Victorian Government is acting decisively to back the state‘s small and medium-sized businesses as they emerge from lockdown, facilitating commercial rent waivers and deferrals (28 July 2021).  More...

Mirvac picks up rejected Brunswick site
Mirvac has snapped up the site of a rejected mixed-use development from JWLand with plans to expand its residential pipeline in inner Melbourne (28 July 2021).  More...

EPA lays charges over Torquay chemical incident
Victoria EPA has laid a total of three charges against Torquay company I, C & J Santospirito Pty Ltd (Santospirito) under the Environment Protection Act 1970. EPA alleges that Santospirito improperly used a fumigant resulting in the production of methyl isothiocyanate (28 July 2021).  More...

Tenants eye better stores as vacancy opens new shop locations
The rent pendulum is swinging towards tenants in Melbourne’s suburban shopping strips as rising vacancy encourages retailers to hunt for better locations (26 July 2021).  More...

Protecting homebuyers from underquoting
Consumer Affairs Victoria has been conducting a range of compliance and educational activities to help ensure homebuyers don’t experience the illegal practice of underquoting (20 July 2021).  More...

NSW

New design guide supports NSW building reforms
In the wake of major NSW legislative and regulatory reforms to improve building quality and safety, three peak bodies have released a landmark guide for design practitioners and engineers. The guide is a practical resource that highlights key issues relevant to contracts and professional indemnity insurance relating to the recent regulatory changes (26 July 2021).  More...

NSW finalises Sydney rezoning blitz
New South Wales is undergoing a rezoning blitz across Sydney to create more than 16,000 homes and a new industrial precinct. However, there were calls for more to areas to be rezoned and more infrastructure to be established after some areas, including the Hunter Valley, were left out (22 July 2021).  More...

Queensland

State hoists the sail on job-creating Hervey Bay harbour development
A $60 million investment in Hervey Bay tourism infrastructure has been kickstarted by the Palaszczuk Government. Construction anticipated to begin mid-2022 (30 July 2021).  More...

Queensland launches climate action, jobs plan
Premier Annastacia Palaszczuk and Environment Minister Meaghan Scanlon have  unveiled the online-based Climate Action Plan 2030, to be driven by investment in energy, resources, manufacturing, transport, land and agriculture, tourism and climate-resilient infrastructure – and by a team of ministers led by her (30 July 2021).  More...

Gold Coast developers hand over habitats
Keylin and Kinstone Group are the latest developers to give land back for nature reserves on the Gold Coast as the state government continues its bid to muscle in on another site (29 July 2021).  More...

Brisbane running out of land for new homes, with less than 3 years’ supply
As the state faces a tightening housing market, some areas of south-east Queensland have just one year’s supply of lots ready to go (28 July 2021).  More...

Queensland unlocks land to meet demand
The Queensland government has unlocked nearly 50,000 lots between the Gold Coast and Sunshine Coast as population growth pushes up demand (28 July 2021).  More...

$140 million Ferny Grove Station upgrade kicks off
Another Queensland jobs boost is underway with major construction underway on Ferny Grove’s $140 million landmark suburban Transit Oriented Development. The $140 million mixed-use development at the Ferny Grove Train Station will be delivered by Queensland-based developer Honeycombes Property Group (27 July 2021).  More...

Derelict Fortitude Valley department stores slated for $40 million Torrens University campus
A complex of "unloved" 1890s-era department store buildings in the heart of Fortitude Valley is set to be transformed into a Torrens University campus and a separate student accommodation towered (27 July 2021).  More...

Mosaic lodges plans for third Toowong tower
Mosaic Property Group is planning to build its third tower in 12 months in the inner Brisbane suburb of Toowong, lodging an application for the 101-apartment project (27 July 2021).  More...

Adelaide-style foodie market approved for Brisbane
Plans for a vertical village and one of Brisbane’s biggest paddock-to-plate food markets have been given the green light for construction at Lutwyche (27 July 2021).  More...

South Brisbane site to become 2032 Olympics media centre and parkland
Brisbane City Council and the Queensland government will buy a seven-hectare parcel of land at South Brisbane for the 2032 Olympics International Broadcasting Centre (26 July 2021).  More...

Logan City Council embarks on $9 million project to develop a new planning scheme
Logan City Council has set aside $9 million for a five-year project to completely overhaul the booming South East Queensland region's planning scheme (26 July 2021).  More...

Spyre Group plans slender 18-storey tower at Main Beach
A small low-rise corner block of Main Beach will be transformed into an 18-storey residential tower as part of Spyre’s plan for the blue-chip location. The 410sq m site, owned by Spyre directors Daniel Laruccia and Andrew Malouf, sits within the Light Rail urban renewal area (23 July 2021).  More...

Student tower planned for historic Brisbane site
Brisbane’s Lee family is pursuing a 180-unit purpose built student accommodation project in Brisbane’s Fortitude Valley, switching from its plan to sell the heritage-listed site occupied by the Waltons, Overells and Lincoln Mills buildings (23 July 2021).  More...

Businesses urge early insight into historic 4000-day Games project pipeline
With an historic 11-year head start, economic and tourism experts have also warned more immediate benefits flowing from the Brisbane 2032 announcement would likely be from publicity alone (23 July 2021).  More...

What the games means for Brisbane’s property market
With the newly-announced Brisbane Olympic Games some 11 years away, the flow-on effects are likely to be gradual and centred around significant infrastructure upgrades and the associated medium-term uplift in jobs and longer-term improvements in transport efficiency (21 July 2021).  More...

Gold Coast to host giant Eco-Parkland
The Department of State Development, Infrastructure, Local Government and Planning has begun the process to compulsorily acquire 148 hectares of land on the Southern Gold Coast. The Department said the acquisition would create the Currumbin Eco-Parkland, one of the largest eco-parklands in Australia (20 July 2021).  More...

Developers pitch latest West End tower above neighbourhood plan height
The inner-city suburb of West End could see yet another above-height residential tower development, with plans submitted for a 12-storey apartment building (19 July 2021).  More...

Gold Coast $800m triple towers plans lodged
SPG Land and Gordon Corp are planning an $800-million triple-tower development on the King Tutt’s Putt Putt site in Surfers Paradise (19 July 2021).  More...

Office tower approved for Brisbane’s north quarter
Charter Hall will have its pick of two development applications for 309 North Quay after both were approved by the Brisbane City Council. The Blight Rayner Architecture-designed developments are 6-star Green Star towers that would reportedly be “Brisbane’s most externally sun-shaded commercial building” (19 July 2021).  More...

Published – articles, papers, reports

Is a ‘green recovery’ the key to post-COVID housing stimulus?
AHURI Brief: International Housing Policy Exchange Series: 29 July 2021
This AHURI Brief investigates how economic stimulus measures that support transitions to more energy efficient housing and lower carbon outputs can offer social, economic and environmental benefits.  More...

In practice and courts

Commonwealth

Law Council of Australia Submissions
Discussion Papers – Approach to Liability and Governance Issues
Electronic Conveyancing 21 July 2021—Law Council

API Code of Ethics: Updated
The API has recently undertaken a review of the Code of Ethics. As part of this review, the API has incorporated the ethical principles contained within the International Ethics Standards published by the International Ethics Standards Coalition dated May 2021. The updated Code of Ethics has been approved by the API Board with an effective date of 1 August 2021. A copy of the updated API Code of Ethics is available on the API website (21 July 2021).

API: APIV Scheme renewal application 2021-2026
The API announces its Australian Property Institute Valuers Limited (APIV) Professional Standards Scheme renewal application for 2021-2026 has been considered by the Professional Standards Councils (PSC) and is now closed for public consultation. The Scheme is anticipated to come into effect on 1 September 2021
The PSC’s Notice of the proposed APIV Scheme
The proposed APIV Scheme Instrument
The APIV Public Consultation Document

API: 2021 APREF defined research grant topics released
The APREF Research Committee and the wider property academic profession, APREF has released five defined research topics for funded research. The APREF Research Fund’s objective is to facilitate scientific research in the property industry, specifically in the fields of valuation and land economy Submissions close on COB 30 August 2021.  More...

Register of foreign-owned water entitlements
The Commission will seek further information and feedback following the release of a draft report in August 2021. Draft report expected to be released in August 2021.  More...

GBCA: Green Star certification 2021 dates for your project
The guidelines below (based on typical time frames), specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones (2021).  More...

Announcements, Draft Policies and Plans released 2021

NSW

Inquiry into flammable cladding and private certification
The NSW Upper House Public Accountability Committee will report on flammable cladding and private certification as part of a further inquiry into the regulation of building standards. View the terms of reference. Submissions close 29 August 2021.  More...

NSW Revenue: Revenue Ruling DUT 012v3
26 July 2021 - Revenue Ruling DUT12v3 Dutiable Transactions Evidence of Value has been amended to include a paragraph on when evidence of value will be required where options are exercised.  More...

Queensland

Proposed citywide amendment to Brisbane City Plan 2014 (Amendment K)
Brisbane City Council is now seeking public consultation on proposed changes to Brisbane City Plan 2014 – Major Amendment package K. Public consultation is still underway to provide comment on the Our Productive City Brisbane’s Industrial Future. Consultation is open until 16 August 2021.

Brisbane Industrial Strategy Review 
The Brisbane City Council has released Our Productive City: Brisbane Industrial Future, a draft industrial strategy which is open for public consultation until 16 August 2021.

Accelerated Builder/Consumer Dispute (ABCD) goes live
The Queensland Government has launched the Accelerated Builder/Consumer Dispute (ABCD) which can be used by individuals and builders, who have been unable to reach resolution on pricing through other channels. Our members who are QBCC members, affected by supply or trade shortages and have entered into a residential contract over $150,000, are eligible to use this framework to resolve disputes with their customers.
You can read Minister de Brenni’s media statement here.
To view more information on how to use this service, please click here.

REIQ: Updates to COVID-19 response for residential tenancies
The Queensland Government has recently announced some changes to the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Amendment Regulation 2021. Some important temporary regulatory measures will continue until 30 September 2021. Please take note of the changes listed.  More...

Extension of COVID Bill
State Parliament has moved to extend the timeframe for several measures introduced to allow Government to respond to the impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021, from 30 April to 30 September, 2021. This timeframe had previously been extended from its initial expiry of December 2020.

Cases

Sheridan v Australian Pacific Airports (Melbourne) Pty Ltd [2021] VSC 440
LEASES AND LICENCES – whether licence scheme introduced by first defendant for entry onto airport land unlawful – whether plaintiff was trespassing on airport land whilst operating his hire car business without a contractual licence.
TORTS – false imprisonment – where plaintiff alleged he was falsely imprisoned by employees, contractors and agents of the first defendant during a number of incidents – nominal damages in respect of one incident only.
TORTS – trespass to property – where third party wrongfully entered plaintiff’s vehicle – first defendant not vicariously liable for tortious conduct of third party.
TORTS – harassment – misfeasance in public office – intimidation – unlawful interference in trade or business.
COUNTERCLAIM – declaratory relief – where first defendant entitled to declaratory relief that licensing scheme is lawful.

Sokolovska v Galea [2021] VSC 435
REAL PROPERTY — caveat — application by plaintiff for order directing Registrar to remove caveat lodged by first defendant on title to land owned by plaintiff — first defendant asserted equitable interest in property — no appearance by first defendant and his now former solicitor who lodged caveat forwarded plaintiff’s originating motion and supporting documents — court satisfied that first defendant taken to be served — evidence all one way — no prima facie case giving rise to serious question to be tried that first defendant has caveatable interest in land — balance of convenience requires order sought by plaintiff — no caveatable interest — application granted — Transfer of Land Act 1958 (Vic), ss 89(4), 90(3) & 113; Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 6.02(1).

Jones v Miranda (Building and Property) [2021] VCAT 845
BUILDING AND PROPERTY – Water Act 1989 – s.16 – claimed flow of water from respondent’s land onto the land of the applicants – claimed not to be reasonable.
CAUSATION – found that the applicants had proved on the balance of probabilities that between 2016 and March 2019, and possibly extending to April 2020 there was a surface flow of water from the respondent’s land onto the land of the applicants that was not reasonable – damages in respect of such flow awarded to the applicants.
CAUSATION – found however that applicants had not proven on the balance of probabilities that following works undertaken by the respondent prior to March 2019, and a further set of works undertaken by him prior to April 2020, there continued to be a flow of water, whether by surface flow, underground flow or seepage, from the respondent’s land onto the applicants’ land that was not reasonable.
DAMAGES – Water Act 1989 s.16(1)(c)(iii) – economic loss – mitigation measures – held that the cost of measures adopted by a landowner to divert a reasonable flow of water coming from another’s land that is not reasonable, is a type of recoverable economic loss within the meaning of s.16(1)(c)(iii) – held though, that applicants not entitled to such damages (being their costs of installing a sub-surface intercept drain in 2021) in respect of the period after April 2020.
TRIBUNAL’S ANCILLARY POWERS – s.19(3) and s.19(5) – absent proof of facts that tend to prove that there has been a failure of sub-surface drainage lines on the respondent’s land as to give rise to a cause of action under s.19(1), an order providing for an invasive investigation in respect of the respondent’s land to determine whether sub-surface drainage pipes have been properly constructed not made.
JURISDICTION – Fences Act 1968 – found that damage to a shared boundary fence caused by a flow of water that is not reasonable is not damage to the property of another person within the meaning of s.16 of the Water Act 1989–orders sought in respect of the respective liabilities of the parties for the cost of a proposed new fence held justiciable only in the Magistrates’ Court of Victoria under the Fences Act 1968 – observations as to cause of damage to shared boundary fence.

Dimitrakakis v Dimitrakakis [2021] VCC 960
REAL PROPERTY Adverse possession – neighbouring properties – family dispute – shared driveway – fence – easement – right of carriageway – Transfer of Land Act – Twelfth Schedule - abandonment of easement – intention to abandon – use as of right – prescriptive easements – doctrine of lost modern grant – injunction
Limitation of Actions Act 1958 (Vic) ss 8, 14(1); Transfer of Land Act 1958 (Vic) s 72, Sch 12

B & D Gippsland Investments v Lay & Anor [2021] VCC 993
Directors - tenant company - terms of the guarantee provisions – lease – COVID-19 rent relief
Guarantee – lease - whether intention to give personal guarantee – test for intention is objective not subjective - whether valid request for rent relief – COVID-19 rent relief – compliance with code requirements – whether court jurisdiction evoked
Legislation Cited: Limitations of Actions Act 1958 (Vic) s5(1)(a) - Property Law Act 1958 s 146 - COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) s 13- COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Vic) reg 5, 9, 10, 22

Skymation Pty Ltd v ALS342 Pty Ltd [2021] VSC 386
REAL PROPERTY – caveats – application for removal of a caveat under s 90(3) of the Transfer of Land Act 1958 (Vic) – whether there is a prima facie case to be tried – BCA Asset Management Group Pty Ltd v Sand Solutions Pty Ltd [2021] VSC 177, referred to – whether caveator has a caveatable interest by reason of a loan agreement – whether the caveator was a party to the proposed loan by reason of a nomination clause – Salter v Gilbertson [2003] VSCA 1; (2003) 6 VR 466, referred to – ACN 096 278 483 Pty Ltd v Vercorp Pty Ltd [2011] QCA 189, referred to – finding that caveator has established a prima facie case to be tried – whether the balance of convenience favours removal – where the secured sum is relatively modest – finding that there is real doubt whether the secured sum is payable to the caveator – finding that the balance of convenience favours removal of the caveat – application granted

Link and Connect Pty Ltd v Seng (Building and Property) (No. 2) [2021] VCAT 780
RETAIL TENANCY DISPUTE – whether to grant an interlocutory injunction to restrain the landlord from re-entering the demised premises and forfeiting the lease – whether a serious question to be tried arises – whether the demised premises are damaged, within the meaning of that term in s 57 of the Retail Leases Act 2003 (the RLA) – whether the failure to give disclosure statement under s 26(1) of the RLA entitles the tenant to withhold rent – whether a landlord who has repudiated the lease agreement is entitled to rely on the terms of the lease to re-enter the premises and forfeit the lease.

Adant Services Group Pty Ltd t/as Australian Wind & Solar v Biviano (Civil Claims) [2021] VCAT 699
Sale of Business – dispute between Seller and Purchaser – consideration of parties’ obligations and conduct – which party in breach of contract - termination of contract - assessment of damages of innocent party.
The Tribunal orders Adant Services Group Pty Ltd to pay Mr Biviano, the sum of $5,000.00.

Rankin Investments (Qld) Pty Ltd & Anor v CMC Property Pty Ltd & Ors [2021] QCA 156
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the parties entered into a joint venture agreement about the development of land – where the joint venturers were bound by decisions of the board of the joint venture company – where the joint venture company engaged consultants to carry out work – where one of the joint venturers sent emails directing those consultants to stop work – where the parties have an obligation to not do any act that might jeopardise the continued enjoyment of the land for the purposes of the joint venture – whether the primary judge erred in construing the meaning of “continued enjoyment of the land” – whether the primary judge erred in concluding that the sending of the emails breached that obligation

GG Propco No 3 Pty Ltd v Sunshine Coast Regional Council & Ors [2021] QPEC 38
PLANNING AND ENVIRONMENT – APPLICATION – COSTS – where appellant and first co-respondent by election sought costs – where costs concerned application filed on behalf of appellant seeking discharge of disclosure obligations by first co-respondent by election among other ancillary relief – where application for disclosure unnecessary in the circumstances – where first co-respondent by election acted inappropriately as commercial competitor – where each party to bear their own costs of the application Planning and Environment Court Act 2016 Qld s 60

Upan Company Pty Ltd v Gold Coast City Council [2021] QPEC 37
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF OTHER CHANGE APPLICATION – where original application concerned stepped form high rise residential development – where appellant seeks approval of other change application for built form residential development – where proposed other change concerns reductions of storeys, increase of building height
Planning Act 2016 Qld s 45, 60, 78, 82; Planning and Environment Court Act 2016 Qld s 43

Cases to 26 July 2021

Sailor on behalf of the Wangkamahdla People v State of Queensland [2021] FCA 790
NATIVE TITLE – application for consent determination of native title in part of the claim area under s 87A of the Native Title Act 1993 (Cth) – whether the parties have satisfied the criteria set out in s 87A – whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties – determination made

Burke & Anor v Valuer-General [2021] QLC 24
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – NOTICE OF APPEAL – where sole ground of notice of appeal was that the respondent failed to deduct the cost of site improvements – where the appellants’ objection did not include site improvement costs as a ground of objection – where the respondent applied to strike out the appellants’ notice of appeal – where the Court dismissed the appellants’ general application – where the Court upheld the respondent’s general application – where the notice of appeal was struck out
Land Court Act 2000 Qld s 7; Land Valuation Act 2010 Qld s 41, s 42, s 43, s 113, s 143, s 144, s 145, s 147, s 150, s 151, s 155, s 157; Uniform Civil Procedure Rules 1999 Qld r 375

La Costa D Oro Pty Ltd & Anor v Karananos [2021] QSC 167
REAL PROPERTY – TORRENS TITLE – CAVEATS AGAINST DEALINGS – REMOVAL – PARTICULAR CASES – where the second plaintiff and the defendant entered into an unconditional contract for the sale of residential land at Paradise Point – where the plaintiff requested a change to the buying entity under the contract and asked if the defendant would enter into a deed of rescission and new contract of sale to effect the name change – where the defendant verbally agreed to rescind the contract and enter into a new contract with the first plaintiff as the new buying entity – where a dispute arose in relation to the payment of the last instalment of the deposit – where the defendant purported to terminate the original contract in December 2020 – where the first plaintiff lodged caveats over the property in December 2020 claiming an estate in fee simple as purchaser – where the plaintiffs sent to the defendant a draft originating application seeking relief in respect of the agreement with the first plaintiff and alternatively the original contract with the second plaintiff – where the defendant withdrew the purported termination of the original contract – where the defendant filed an application in April 2021 to have the caveats lodged by the first plaintiff removed – where consent orders were made dismissing the application in respect of the caveats lodged by the first plaintiff – where the second plaintiff lodged caveats over the property in April 2021 asserting an interest in the performance of the contract of sale – where the defendant applies to have the caveats lodged by the first plaintiff removed – where the defendant applies to remove the two caveats lodged by the first plaintiff – whether the first plaintiff as caveator satisfied the Court that there is a serious question to be tried as to whether its claimed interests exist and the balance of convenience favours maintenance of the caveats
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – GENERALLY – where the first and second plaintiffs apply for leave to amend the amended claim and statement of claim – where the amended statement of claim attempts to entirely replace the original statement of claim – whether leave should be granted. Land Title Act 1994 Qld

Hail Creek Coal Holding Pty Limited & Ors v Michelmore (No 2) [2021] QLC 23
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where the respondent sought costs on a standard basis up until the date of the Calderbank offer and costs on an indemnity basis thereafter – where the respondent submitted there was no basis upon which the respondent should be ordered to pay the costs of the proceeding prior to the date of the Calderbank offer – where the respondent sought costs to be assessed on a standard basis – where the Court ordered the respondent pay the costs of the proceedings on a standard basis – where the Court ordered the respondent pay the costs of the hearings and application on a standard basis – where the Court ordered the respondent pay the costs thrown away by the adjournment of the hearing on a standard basis. Land Court Act 2000 Qld s 27A

Legislation

Commonwealth

Regulations

Australian Renewable Energy Agency (Implementing the Technology Investment Roadmap) Regulations 2021
29/07/2021 - This instrument expands the operating remit of the Australian Renewable Energy Agency to permit it to invest in a wider range of technologies for the deployment of initiatives announced in the 2020-21 Budget.

Water Amendment (Authorised Compliance Officers—Fit and Proper Requirements) Regulations 2021 
28/07/2021 - These regulations amend the Water Regulations 2008 by prescribing certain matters relating to the appointment of authorised compliance officers for the purpose of supporting amendments to the Water Act 2007.

Queensland

Subordinate legislation as made – 30 July 2021
No 108 Rural and Regional Adjustment (Horticulture Irrigation Pricing Rebate Scheme and Other Matters) Amendment Regulation 2021

Subordinate legislation as made – 23 July 2021
No 105 Water Amendment Regulation (No. 2) 2021
No 106 Water Supply (Safety and Reliability) Regulation 2021
2 Prescribed related entity of relevant infrastructure owner—Act, s 20
3 Prescribed dams for submitting flood mitigation manuals and flood event reports—Act, s 371A

Subordinate legislation as made – reminders
No 49 Water Plan (Mary Basin) (Postponement of Expiry) Notice 2021
For section 56(1) of the Act, the new expiry date for the Water Plan (Mary Basin) 2006, as postponed under section 55 of the Act, is 28 May 2024.
No 50 Planning (COVID-19 Vaccination Service) Amendment Regulation 2021
Insert 20A When material change of use for providing COVID-19 vaccination service is not assessable development. This section expires on 31 December 2021.

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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