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Inside track: Property & Real Estate

23 September 2019

#Property & Real Estate

Inside track: Property & Real Estate

In the media

Commonwealth

Parliament backs farmers with Criminal Code Amendment Bill set to become law
The Australian Senate passed the Criminal Code Amendment (Agricultural Protection) Bill, meaning tough new penalties for those who incite trespass, property damage or theft on agricultural land will soon become law (12 September 2019).  More...

Shopping mall landlords feel the cooling winds of rent decline
Shopping centre owners are under increased pressure from falling rents as they grapple with the slow retail sales and the need to offer higher incentives (11 September 2019).  More...

People want and need more housing choice
Australians need greater housing diversity to meet their current and future housing needs. There are strong demographic drivers of the need for a more diverse range of housing in our cities. Not all current and future households want single standalone houses or multi-storey apartments (09 September 2019).  More...

June quarter stats see bottom of the market: REIA
The decline in property prices continued in the June quarter and will most likely mark the bottom of the cycle, according to the latest research from the Real Estate Institute of Australia (11 September 2019).  More...

House prices will rise up to 10 per cent: UBS
UBS economists have upgraded their house price forecasts over the next year by up to 10 per cent after July’s lending figures returned their largest monthly jump since the post-GFC rebound in 2009 (11 September 2019).  More...

Australia sets new record as world-leader in real estate sustainability rankings
Australian property companies have improved their sustainability performance and increased their lead globally, while maintaining their ranking as the best in the world in the internationally recognised 2019 GRESB Real Estate Assessment results for the ninth year running (10 September 2019).  More...

PCA: Australia’s property industry global leader on ESG
The Australian and NZ real estate sector has again outperformed other regions in the world’s most trusted sustainability benchmark, the Global ESG Benchmark for real estate assets (GRESB). Australia and New Zealand achieved an average GRESB Score of 81, up from 76 last year, and well ahead of the global average of 72 (which also improved from 68 the previous year) (09 September 2019).  More...

First home buyers surge
First home buyers are continuing to take advantage of a less competitive environment and more affordable house prices. The number of loans to first home buyers was up by 1.3 per cent for the month and 4.0 per cent for the three months to July, stated HIA’s Economist, Angela Lillicrap (09 September 2019).  More...

Housing market wrap up: Auctions, approvals and GDP
The much-awaited GDP results released on Wednesday showed the slowest rate of growth since the global financial crisis, with GDP growing just 0.5 per cent for the June quarter and 1.4 per cent over the year (06 September 2019).  More...

Apartments could be the crack in the housing market recovery
Evacuations, cracking, flammable cladding - the apartment market has been plagued by damaging, high-profile problems this year. So could it be the thorn in the side of the emerging property market pick-up (05 September 2019).  More...

Rental affordability hits 11 year high: Report
Rental affordability improved during the June 2019 quarter to the lowest proportion of income required to meet rent payments since June 2008, according to research from the Real Estate Institute of Australia (04 September 2019).  More...

GBCA and ISCA launch new guide for sustainable city-building
Two of Australia’s leading sustainability organisations have come together to make it easier for industry to deliver sustainability through the infrastructure and buildings that are rapidly shaping our cities (04 September 2019).  More...

Building crisis: We need an injection of good evidence
Rectifying an information and evidence shortfall in the now widely cited building and construction crisis needs to be an important part of improving policy making and regulation (05 September 2019).  More...

Victoria

Melbourne's office market boom rolls on
Melbourne's office market boom is expected to roll on until at least 2024, with prime rents in the CBD expected to surge another 30-40 per cent over the next five years (13 September 2019).  More...

A broader focus is required, when protecting peri-urban agriculture
Farmers on Melbourne's urban fringe have expressed deep disappointment at what they say is the narrow focus of plans to preserve strategic agricultural land. They were responding to a Department of Environment, Land Water and Planning consultation paper, identifying strategic agricultural land on the outskirts of Melbourne (11 September 2019).  More...

Melbourne Park redevelopment celebrates the completion of stage two
The second stage of the Victorian Government’s near billion-dollar redevelopment of Melbourne Park is complete – giving fans more comfort and convenience in the major events capital of Australia (10 September 2019).  More...

Lendlease wins approval on $1bn Melbourne Quarter Tower
Property giant Lendlease has been greenlit for its $1 billion Melbourne Quarter Tower on Collins Street, with plans to kick off construction later this year (05 September 2019).  More...

NSW

Approval for 160-Unit development in Redfern
A proposal for a flagship 160 apartment development located at 11 Gibbons Street Redfern has received development approval for one of Australia's largest community housing providers SGCH (12 September 2019).  More...

Sydney’s emerging Aerotropolis suburbs offering gains for developers
Sydney's emerging greenfield suburbs such as Gledswood Hills, Oran Park, Gregory Hills and Leppington are benefiting from future infrastructure hotspots such as the Aerotropolis, Western Sydney International Airport and Sydney Science Park (10 September 2019).  More...

Parramatta developer inks deal with co-living giant Hmlet
Singaporean co-living operator Hmlet has partnered with a Sydney developer to launch four new co-living properties as it beefs up its Australian pipeline (10 September 2019).  More...

Queensland

Planning schemes to support ATSI knowledge, culture and tradition
Queensland’s planning legislation is leading Australia in its recognition of the need to value, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition. Minister for Planning Cameron Dick said new guidance material released will assist Queensland councils in supporting cultural awareness through their local planning schemes (12 September 2019).  More...

Property Council research highlights rating practice inequity
Property Council research into Queensland local government rating practices has raised new concerns with the targeting of non-residential properties through inequitable differential and minimum rates (12 September 2019).  More...

Developers source the next wave of Brisbane industrial investment
Industrial land values continue an upward trend due to demand for completed investments combined with a low yield environment which latest Knight Frank research says is encouraging investment in the development pipeline (11 September 2019).  More...

New tower planned for 10 St Kilda Ave Broadbeach
A vacant 607sq m block at Broadbeach will have a 21-storey tower comprising 60 units delivered to the slight site, if approved by the Gold Coast City Council. The application, which seeks code assessment for a mixture of 36 residential apartments and 24 short-term accommodation (10 September 2019).  More...

More apartments approved in Sunshine Coast’s new CBD
New changes to the state government’s priority development scheme will see the delivery of up to 4000 new apartments in the new $2.1 billion Maroochydore CBD (09 September 2019).  More...

Gold Coast director and property developer sentenced to eight years' imprisonment
Bradley Keith Silver, former Gold Coast director and property developer, has been sentenced to eight years’ imprisonment for dishonesty (06 September 2019).  More...

Consolidated properties wins approval for 895 Ann Street
Don O’Rorke’s Consolidated Properties Group will start work on its $250 million commercial tower mid next year after receiving development approval from Brisbane City Council. The 15-level office tower, at 895 Ann Street, marks the first large scale A-grade commercial building planned for the James Street precinct of Fortitude Valley (05 September 2019).  More...

Published – articles, papers, reports

Infrastructure choices: Evaluation and politics
John Daley; Grattan Institute: 12 September 2019
This presentation demonstrates that elections are increasingly about big transport infrastructure ‘announceables.’ But these election promises are usually driven by politics more than evidence. They don’t show much influence from the advice of independent expert bodies, and are often made well before business cases have been completed, let alone publicly released.  More...

In practice and courts

Commonwealth

API: ABFI Residential Valuation Standing Instructions Version 2.2.1
The Residential Valuation Industry Group has conducted a review of V2.1 of the ABFI Residential Valuation Standing Instructions (ABFI RVSI), and have subsequently released a revised version. Version 2.2.1 of the ABFI RVSI will come into effect on 1 October 2019. The current document, namely Version 2.1, will operate until that time.  More...

CER: Public consultation open for changes to solar postcode zones
The Clean Energy Regulator is proposing updates to postcode zones for small-scale technologies under the Small-scale Renewable Energy Scheme. The changes will affect the number of small-scale technology certificates for eligible systems in certain postcodes. If agreed, the changes will come into effect from 1 October 2019.  More... 

GBCA Important Deadlines - Green Star certification for your project
Many project teams have timelines set around major events. To support this, these guidelines below (based on typical time frames), which specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones in 2019. Deadlines are from 08 April – 04 November 2019.  More...

Announcements, Draft Policies and Plans released 2019

Queensland

North Queensland Regional Plan
The draft NQ Regional Plan is a 25 year strategic, statutory planning document for the local government areas of Burdekin, Charter Towers, Hinchinbrook, Palm Island and Townsville. Consultation on the draft document closes on 22 November 2019 (12 September 2019).  More... 

Body Corporate and Community Management Regulations – Consultation on Draft Legislation
The community and stakeholders are invited to have their say on proposed reforms to regulations under the Body Corporate and Community Management Act 1997. Consultation closes on 18 October 2019.  More...

Attorney General Reminder: Free state-wide seminars explain body corporate laws
Queensland’s BCCM will host free seminars across the State to help inform community members about body corporate laws. The seminars will be held in late August and September at the Gold Coast, Logan, Brisbane, Sunshine Coast, Hervey Bay, Gladstone, Mackay, Townsville and Cairns.  More...

Titles Registry Alert No 155: New process for dealing with registered survey plans
Survey plans lodged for registration on and after the 30th September 2019, will no longer be retained and instead will be destroyed 28 days after registration. For certainty of users of the information contained within the register, which includes survey plans, the image of the survey plan will become the legal instrument. This is in line with other Titles Registry documents, excluding original wills and original powers of attorney (03 September 2019).  More...

Environment Protection and Biodiversity Conservation Act 1999 [Gaz 14/08/2019]
For further information see the referrals list.
2019/8516 – 04/09/2019 - WEIYA DEVELOPMENT PTY LIMITED/Residential Development/Lot 801 on SP157194, Lot 1 and Lot 2 on RP22251/Queensland/Residential Development, Collingwood Park, Ipswich, Qld.

New Environmental Protection Regulation and Environmental Protection Policies
The Environmental Protection Regulation 2008 and Environmental Protection Policies for Air, Noise and Water will expire on 1 September 2019. The expiring legislation will be replaced by the:
Environmental Protection Regulation 2019; Environmental Protection (Air) Policy 2019; Environmental Protection (Noise) Policy 2019 and Environmental Protection (Water and Wetland Biodiversity) Policy 2019.  More...

DNMRE current consultations
Moreton: Targeted amendment of the water plan
Feedback on a new draft water plan amendment closes on 01 October 2019

Sunshine Coast incentives
Sunshine Coast Council has announced a three-year extension to its Infill Development Incentives Policy which offers incentives for infill development on the Sunshine Coast. All applications for an incentive must be submitted to Council between 1 July 2019 and 30 June 2022.  More...

Note: Safer Buildings: Parts 2 and 3a deadlines extended
Bodies corporate and building owners across Queensland have been given additional time to complete Parts 2 and 3a of the Safer Buildings combustible cladding checklist. The new deadlines will be as follows:
Part 3a: extended from 27 August 2019 to 31 October 2019.  More...

Cases

Wollert Epping Developments Pty Ltd v Batten [2019] VSC 618
PROPERTY LAW – sale of land – application under s 49(1) Property Law Act 1958 – whether vendors in breach of warranties that they are in possession of the land and whether at settlement will be the holder of an unencumbered estate in fee simple in the land – whether questions hypothetical or pointless – interaction between warranties and identity clause – difference between description of land in Certificate of Title and occupation of land – encroachment by boundary fence – Koadlow v Bolland (1997) 1 VR 632; Fullers’ Theatres Ltd v Musgrove [1923] HCA 12; (1923) 31 CLR 524; Travinto Nominees Pty Ltd v Vlattas [1973] HCA 14; (1973) 129 CLR 1; Flight v Booth [1834] EngR 1087; (1834) 1 Bing (NC) 370; 131 ER 1160.

DJM Group Pty Ltd v Calypso Sports Pty Ltd (Building and Property) (Costs) (No 2) [2019] VCAT 1386
RETAIL LEASES – at the hearing, the applicant landlord failed to prove that the third respondent signed a guarantee in respect of the tenant’s obligations to the landlord – claim against the third respondent was dismissed, but upheld against the tenant and the co-guarantor.
COSTS–Section 92 Retail Leases Act 2003 – claim for costs by the third respondent against the applicant previously dismissed –found that the proceeding was not conducted by the applicant in a vexatious way that unnecessarily disadvantaged the third respondent – third respondent subsequently sought an order in the nature of a Sanderson order that her costs be paid the second respondent – costs so awarded.

Handler v Casey [2019] VSC 599
APPEAL – leave to appeal – appeal from Victorian Civil and Administrative Tribunal – self-represented litigant – whether denial of procedural fairness – whether real prospect of success on appeal – Residential Tenancies Act 1997 (Vic) ss 85, 86, 88; Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148 considered.
EVIDENCE – evidence gathered pursuant to notice of entry of premises – whether notice of entry validly served – whether evidence obtained illegally or improperly – whether tribunal member erred in admitting evidence – whether real prospect of success on appeal – Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148; Evidence Act 2008 (Vic) s 138 considered – Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 referred to.
RESIDENTIAL TENANCIES ACT – premises contaminated by methamphetamine residue – whether premises ‘unfit for human habitation’ – whether premises dangerous in their ordinary use – whether real prospect of success on appeal – Residential Tenancies Act 1997 (Vic) s 245 considered - Summers v Salford Corporation [1943] AC 283; Gray v Queensland Housing Commission [2004] QSC 276; Price v Johnson [2014] VCAT 581 referred to.

Rose v Hoare (Building and Property) [2019] VCAT 1343
Water Act 1989 – s.16 – unreasonable flow of water – water entering dwelling unit from above – claim against owners of unit on next floor – claim admitted as to part of the premises but denied in regard to bathroom - whether the flow to bathroom is from that unit or from the roof space – evidence – onus of proof on the Applicant to establish knowledge by Respondents of want of repair and failure to effect repairs to prevent flow in a reasonable time – evidence equivocal – claim not established – damages – whether amount expended by the Applicant was a repair or renovation – betterment - whether allowance should be made for Applicant’s own labour.
The Applicant’s claim against the Respondents for damages with respect to water penetration into the ensuite of the Applicant’s Unit in Princes Street in St Kilda is dismissed.

ID-FLK Gisborne Pty Ltd v Macedon Ranges SC (Red Dot) [2019] VCAT 1336
NATURE OF CASE Whether VCAT has the power to amend and/or consider a version of a Development Plan that differs from the Development Plan that formed the basis of the responsible authority’s decision.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LEGISLATION – interpretation or application of statutory provision - Victorian Civil and Administrative Tribunal Act 1998 s 127; whether a ‘a document in the proceeding’ includes a document that existed prior to the proceeding; relevance to a ‘secondary consent’ review under Planning and Environment Act 1987 s 149; decision in TC Rice Pty Ltd v Cardinia SC (Red Dot) considered and distinguished.

Eaton v Rare Nominees Pty Limited [2019] QCA 190
EQUITY – GENERAL PRINCIPLES – FIDUCIARY OBLIGATIONS – FIDUCIARY DUTY – SCOPE GENERALLY – where a company, of which the appellant was the sole director and controlling mind, and the respondent, entered into a joint venture agreement for the development of an “Asset”, being a piece of land, and the sale of serviced residential lots – where the appellant’s company was the proprietor of the “Project” and the respondent was one of a number of contributors to it.

BWP Management Limited v Valuer-General [2019] QLAC 4
NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – PROOF AND EVIDENCE – BURDEN OF PROOF – where the appellant argued the Member at first instance erred in applying the onus of proof under the Land Valuation Act 2010 – where the Court found the Member correctly applied the onus.
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – GENERALLY – whether a sale must meet the requirements of s 18 of the Land Valuation Act 2010 to be considered a relevant sale for a comparable sales analysis – where the Court found s 18 does not apply to comparable sales.
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW Land Valuation Act 2010 Qld s 18, s 23, s 169.

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors [2019] QCA 184
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – FOR BIAS IN JUDICIAL PROCEEDINGS – where applications for mining leases and an amendment to an environmental authority to expand a mine owned by Acland were referred to the Land Court –– where Acland accepts that it elected to waive its right to make an application for the Member to disqualify himself following the 2 February 2017 hearing – whether the Member’s reasons for the recommendations raise a fresh apprehension of bias.
ENERGY AND RESOURCES – WATER – WATER MANAGEMENT – SUBTERRANEAN WATER – where applications for mining leases and an amendment to an environmental authority to expand a mine owned by Acland were referred to the Land Court – where s 269(4) of the Mineral Resources Act 1989 (Qld) and s 191 of the Environmental Protection Act 1994 (Qld) provide the relevant considerations the Land Court is required to take into account – where the Member determined that the Land Court’s jurisdiction permitted it to consider the effect of the proposed mining operations upon groundwater in the area – where there is a separate provision under s 206 of the Water Act 2000 (Qld) to apply for a licence that would permit the holder of a mining tenement to interfere with water under the relevant land – where the learned primary judge, on judicial review, found that due to the separate statutory authority concerning the interference of groundwater, the Land Court did not have jurisdiction to consider the impacts upon groundwater – where the statutory regime has been amended following Acland’s application for judicial review so as to include interferences with groundwater as a relevant consideration under referrals to the Land Court from the Mineral Resources Act and Environmental Protection Act – whether the Land Court, in this matter, had jurisdiction to consider the impact of the proposed mining operation on groundwater.
Environmental Protection Act 1994 Qld s 190, s 191; Mineral Resources Act 1989 Qld s 269; Water Act 2000 Qld s 206.

Haines v Smith & Anor [2019] QLC 36
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – TITLES: RIGHTS, PERMITS, LICENCES AND LEASES ETC – where mining leaseholder applies for variation of access for mining lease.
Land Court Rules 2000 Qld r 36A; Mineral Resources Act 1989 Qld s 317

Haines v Smith & Anor [2019] QLC 35
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where mining leaseholder applied for Land Court to determine compensation – where subject land used for grazing – where parties filed compensation statements unsupported by evidence – where Court relies on previous determinations to reach a compensation figure
Land Court Rules 2000 Qld r 36A; Mineral Resources Act 1989 Qld s 279, s 279A, s 281

Bettson Properties Pty Ltd & Anor v Tyler [2019] QCA 176
REAL PROPERTY – RESTRICTIVE COVENANTS – OTHER MATTERS – where the respondent installed solar panels on the roof of her home without obtaining the prior consent of the appellants as required by a provision of the contract under which the house was purchased – where the appellants sought to enforce the relevant provision by requiring the respondent to remove or relocate the solar panels – where the primary judge held that the provision in question was deprived of force and effect by sections 246Q and 246S of the Building Act 1975 (Qld) – whether sections 246Q and 246S of the Building Act 1975 (Qld) applied to deprive the relevant contractual provision of its force and effect.
Acts Interpretation Act 1954 Qld s 14A; Building Act 1975 Qld s 246L, s 246O, s 246Q, s 246S

Wu & Anor v Yu; Yu v Wu [2019] QCA 175
REAL PROPERTY – TORRENS TITLE – UNREGISTERED INTERESTS – EQUITABLE ESTATES AND INTERESTS – OTHER MATTERS – where the respondent successfully claimed at first instance an unregistered equitable interest in a property of which the appellant was the registered owner – where the funds used to purchase the property came from a foreign company of which the parties were the exclusive shareholders – where the respondent submits that those funds belonged to him in a 60 per cent share and therefore he has the same percentage interest in the property on the basis of an express trust, proprietary estoppel, or a constructive trust – where the appellant submits that those funds belonged to him exclusively and therefore the respondent has no interest in the property – where there was fault or lack of disclosure on both sides, and neither side’s witnesses were assessed as clearly more credible than the other side’s witnesses – where there was some evidence about the acquisition, occupation and mortgaging of the property, and the distribution of funds by the company – whether there was sufficient evidence to overcome the presumption that the appellant had an exclusive interest in the property, as its registered owner – whether the trial judge’s decision to accept the respondent’s claim for a share of the property lacked a proper evidentiary foundation.
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – WHERE CONFLICT OF EVIDENCE – where the respondent successfully claimed at first instance that he lent money to the appellants, with the whole amount remaining unpaid – where the appellants submit that the amount paid to them was the repayment of a loan owing to them by the respondent – where there was independent evidence to support the respondent’s case, but not the appellants’ case – whether the trial judge’s decision to prefer the respondent’s case to the appellants’ case was unsupported by the evidence.

Cases to 09 September 2019

Waller Projects Pty Ltd v FW Estate Pty Ltd & Ors [2019] QSC 221
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – where the plaintiff contends its sole director entered into an oral “General Agreement” with the sixth defendant (the sole director of the fourth defendant), on behalf of their respective families, to acquire and develop real estate jointly through a joint venture vehicle, the “QD Joint Venture” – where the plaintiff alleges that there was an opportunity for the QD Joint Venture to acquire land at Jimboomba, but steps to bring this about were unsuccessful – where the plaintiff alleges that the sixth defendant continued to negotiate with the vendor of the land by “secret negotiations” in breach of the QD Joint Venture agreement – where the first defendant subsequently became the registered owner of the land – where the plaintiff claims that this occurred “in secret” from it and alleges that the purchase was an opportunity diverted from the QD Joint Venture – where the plaintiff alleges that the first defendant and third defendant undertook a “secret development” of the Jimboomba land, culminating in the sale of the land to a third party – where the plaintiff claims that the sixth defendant, and the fourth defendant through the sixth defendant, acted in breach of the fiduciary duties owed under the General Agreement in relation to the QD Joint Venture, and claims an entitlement to half the proceeds of sale of the developed land – where the plaintiff applied for an interlocutory injunction restraining the defendants from paying out or distributing the proceeds of sale of the land until final determination of the plaintiff’s claim in these proceedings – where, in order to enable the sale of the property to proceed, consent orders were made for the proceeds of sale to be paid into a solicitor’s trust account, and later into court, and the application for an interlocutory injunction adjourned – where the defendants now seek an order dismissing the application, and for payment of the money out of court – where the defendants contend there is no risk of any dissipation or disposal of the relevant defendants’ assets, there is no value to the plaintiff’s undertaking as to damages, some of the defendants are at risk of suffering loss if the proceeds of sale remain in court, and there is prejudice to unrelated third parties – where the first and second defendants have offered undertakings not to diminish the combined value of their assets below an amount representing half the profits payable to the first defendant, pending further order of the court – whether the plaintiff has made out a prima facie case for the relief it seeks – whether, in any case, the balance of convenience favours the grant or refusal of the injunction.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION OF DOCUMENTS – GENERAL MATTERS – GENERAL PRINCIPLES – where the plaintiff brings a cross-application seeking production of various documents and disclosure of certain information by the defendants – where the defendants oppose parts of the application on the basis that disclosure has not yet been undertaken, the very broad range of documents sought, and that the inquiry as to certain information appears to be a fishing exercise – whether orders should be made in the terms sought by the applicant.

Deathridge v McNaught [2019] QDC 165
APPEAL – DECISION BY MAGISTRATES COURT – CLAIM FOR LOSS OF RENT – STEP IN THE PROCEEDING – where defendant appeals in relation to a claim for loss of rent by the plaintiff – where plaintiff and defendant own adjoining land - where plaintiff claims to have suffered loss of rent as a result of damage to property following collapse of retaining wall which separates the two properties – where plaintiff maintains that the parties’ attendance at an unsuccessful settlement conference was last step in the action – whether such an event is a step in the proceedings.
Uniform Civil Procedure Rules 1999 Qld rr 271, 444, 467, 489, 523

Brassgrove KB Pty Ltd v Brisbane City Council [2019] QPEC 42
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – DECLARATORY PROCEEDING – where the Applicant’s development approval for demolition of a pre-1947 house had lapsed – where the Applicant failed to make an application to extend the development application before the lapse – where the code with respect to demolition in the planning scheme had been materially amended since the approval was given – whether the court should excuse the failure to make an extension application – whether the court should order the demolition approval to be taken to be effective.
Acts Interpretation Act 1954 Qld s 49A; Planning Act 2016 Qld s 86, s 87; Planning and Environment Court Act 2016 Qld s 7, s 11, s 37

Legislation

Commonwealth

Bills

Criminal Code Amendment (Agricultural Protection) Bill 2019
House of Representatives Message from Senate reported 12/09/2019
Consideration of Senate message Details: House agreed to Senate amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new offences in relation to the incitement of trespass or property offences on agricultural land.

Regulation

National Capital Plan – Amendment 93 – City and Gateway Urban Design Provisions Technical Changes

12/09/2019 - This instrument amends the National Capital Plan (December 1990) by introducing transitional provisions to address development applications submitted to the Territory planning authority prior to the commencement of National Capital Plan – Amendment 91 – City and Gateway Urban Design Provisions, and by clarifying design provisions concerning permitted building lengths, and balconies and balustrades.

Queensland

Bills

Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019
Introduced by: Hon M Bailey MP on 13/02/2019 Stage reached: Passed on 4/09/2019
An Act to amend the Heavy Vehicle National Law Act 2012, the State Penalties Enforcement Act 1999, the Traffic Regulation 1962, the Transport Infrastructure Act 1994, the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2018, the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 and the Transport Planning and Coordination Act 1994.

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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