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Inside track: Property & Real Estate

24 August 2020

#Property & Real Estate

Inside track: Property & Real Estate

In the media

Combatting modern slavery in property and construction
The Australian Human Rights Commission and KPMG Banarra are launching their first of five sector specific guides to help Australian businesses understand and manage their modern slavery risks (13 August 2020).  More...

Covid-19 pressure pushes office tenants to give up space
Vacancy in Australia's previously-strong CBD office markets has increased a modest 1.2 per cent over the six months to July 2020 (13 August 2020).  More...

Government policy widening affordable housing gap
Housing tax incentives and monetary and prudential policy settings have curtailed efforts to “arrest the slide” in social and affordable housing supply, according to findings from a new report (12 August 2020).  More...

Retailers still prepared to commit to long leases: SCA
Specialty tenants are still prepared to commit to long-term leases with fixed annual increases, despite growing calls from retailers for more flexible rental agreements, said SCA Property Group chief executive officer Anthony Mellowes (11 August 2020).  More...

June housing finance follows COVID rollercoaster
Following the historic fall in the value of loans in May, the June 2020 Lending to Households and Business figures released by the Australian Bureau of Statistics, show the value of new loan commitments for housing has rebounded, according to the Real Estate Institute of Australia (05 August 2020).  More...

HIA: Housing finance national release June 2020
Housing finance figures released show that home buyers were tentatively returning to the market in June in response to the initial easing of COVID-19 related restrictions and the announcement of the HomeBuilder program,” commented HIA Senior Economist, Geordan Murray (05 August 2020).  More...

Pandemic may pave way for better urban planning
How we plan and develop urban areas, build infrastructure and respond to the needs of growing populations are factors determining the long-term prosperity of cities and people, according to the United Nations’ latest sustainable development goals report (31 July 2020).  More...

Victoria

Property developers plough ahead with new projects despite coronavirus housing fears
Melbourne might be one of the most tightly locked-down cities in the world right now, but a welter of recent property deals shows developers are betting on a rapid return to normality (13 August 2020).  More...

Melbourne office vacancy rate rises but fundamental strengths remain
The PCA ’s July 2020 Office Market Report revealed Melbourne CBD office vacancy rate at 5.8 per cent, up from a historically low 3.2 per cent six months ago, which is part of the country’s first net rise in vacancies in four and a half years (13 August 2020).  More...

NSW

Pyrmont plan pegs key development sites, metro station
A new metro rail station and The Star site in Pyrmont are key components of the New South Wales government’s 20-year vision to revitalise the inner Sydney precinct under the new Pyrmont Peninsula economic development strategy, which proposes a planning framework for the area to 2041 (12 August 2020).  More...

$250 million boost for public spaces
Treasurer Dominic Perrottet said local councils that focus on fast-tracking development assessments for projects that deliver much-needed jobs and housing will be eligible for up to $5.5 million each in funding for parklands, town squares and main streets (05 August 2020).  More...

Queensland

Morgan Stanley backs Homecorp build-to-rent bid
Homecorp Property Group will now join with Morgan Stanley to complete a $200 million build-to-rent precinct on the Gold Coast (12 August 2020).  More...

PCA: South East Queensland office vacancy stable
Australian CBD office vacancy increased from 8.0 per cent to 9.2 per cent over the six months to July 2020 with flat – not falling – tenant demand, according to the Property Council of Australia’s Office Market Report. Vacancy in Brisbane CBD increased from 12.7 to 12.9 per cent over the past six months” ( released August 2020).  More...

New regulatory regime set to rein in developers
Developers tendering for work across Queensland will be required to hold licences under new legislation passed last month (11 August 2020).  More...

Stimulus package to support or create more than 1500 jobs in SEQ
The Premier has announced $50 million in projects across South East Queensland as part of the state’s economic recovery plan to create jobs and build important shovel-ready community infrastructure (11 August 2020).  More...

Cornerstone plots Fortitude Valley tower
Brisbane-based developer Cornerstone is pushing ahead with a major commercial project in Brisbane’s Fortitude Valley, lodging plans for a high-rise commercial tower alongside the landmark McWhirters building (10 August 2020).  More...

Alceon lodges plans for $200m Albion precinct
Boutique fund manager Alceon has lodged plans for a $200 million mixed-use development on the site of the 10-storey Tatts Group office tower in Brisbane’s inner north (07 August 2020).  More...

Gold Coast airport rail plans pick up steam
Plans are picking up steam to connect the Gold Coast light rail to the airport and create a pedestrian “ocean-way” along Palm Beach (07 August 2020).  More...

PCA: Queensland invests in $200 million Catalyst Infrastructure Fund
The Building Acceleration Fund will provide zero interest loans for trunk infrastructure projects ready to commence construction within 12 months, and that demonstrate substantial flow-on economic benefits to local communities (06 August 2020).  More...

Spit master plan projects injecting millions into local economy
Construction tenders have been awarded for two projects being delivered under the Spit Master Plan, creating 17 jobs for Gold Coasters (04 August 2020).  More...

In practice and courts

Commonwealth

API: Exposure Draft Valuation Guidance paper
The API/PINZ Valuation Guidance Paper (VGP) – Considerations when forming an opinion of value when there is a shortage of market transactions has been released as an Exposure Draft. Please click here to access the Exposure Draft. The Standards Steering Committee has approved this release and encourages Members and stakeholders to review the Exposure Draft VGP and invites comment and feedback by 5 September 2020 (05 August 2020).

PC issue paper: National Water Reform
This issues paper was released on 26 May 2020 to guide people in preparing a submission. It outlines a range of issues on which the Commission is seeking information and feedback by 21 August 2020.  More...

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.

NSW

NSW Revenue: Stamp duty changes for first home buyers
The NSW Government has announced that the threshold above which transfer (stamp) duty is charged on new homes for first home buyers will increase from the current $650,000 to $800,000, with the concession reducing on higher values before phasing out at $1 million. The new transfer (stamp) duty threshold will be in place for 12 months and will apply to contracts executed from 1 August 2020 to 31 July 2021.  More...

NSW revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers (including first home buyers) with a grant of $25,000 to build a new home or substantially renovate an existing home where the contract is signed between 4 June 2020 and 31 December 2020. Construction must commence within three months of the contract date.  More...

Queensland

PCA submissions: Gold Coast property market
The Property Council has written to the Chair of the City of Gold Coast’s Economy, Planning and Environment Committee to seek support for measures that will support the Gold Coast property industry as it recovers from COVID. To view the Property Council’s full letter, please click here (06 August 2020).

Business Queensland reminder: Negotiating commercial rent relief during COVID-19
The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (the Regulation) came into effect on 28 May 2020. The Regulation implements the National Cabinet mandatory code of conduct - SME commercial leasing principles during COVID-19 (the Code) in Queensland.
The regulation has effect from 29 March to 30 September 2020 (the COVID-19 emergency response period). During this period, if a tenant with an affected lease fails to pay rent or outgoings, or is unable to open, the landlord cannot start court or tribunal proceedings (known as a prescribed action).

Revised Queensland Titles Registry fees will take effect from 1 August 2020
The revised fees are prescribed in the Natural Resources, Mines and Energy Legislation (Fees) Amendment Regulation 2020 which is available on the Office of the Queensland Parliamentary Counsel website.
A summary listing the revised Titles Registry fees that will apply from 1 August 2020 are here.
The Titles Registry online fee calculator will be updated on 1 August 2020 to reflect the revised fees that commence on that date.

Have your say: Planning support measures
We are consulting on proposed changes to the Development Assessment Rules (DA Rules), Minister’s Guidelines and Rules (MGR) and the Planning Regulation 2017. You can have your say on the DA Rules, MGR and the Planning Regulation (economic recovery initiatives) until 7 August 2020. To have your say on the proposed changes, please click here.

COVID-19 Update on Courts, Commissions, Tribunals, Property law
QLS will provide up to date information on our website regarding the evolving COVID-19 situation and the response of the Courts, Commissions, and Tribunals in Queensland (updated July 2020).
Extension or suspension of planning framework periods under the Act - Extension to timeframes for undertaking approved development - This notice applies to all of the State of Queensland and has effect from 8 July 2020 to 31 October 2020.

Queensland Planning Legislation
Urgent amendments to the Planning legislation are in effect to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19. Learn more Note Temporary use licence updated to 04 August 2020.

DAMS and SPP IMS Updates
5 August 2020 - Powerlink easement
The mapping amendment includes: Newly acquired easements and land interests and new network infrastructure.  More...

Queensland Government Consultations
Manly Boat Harbour Community Engagement
Have your say on what you value about the harbour and what you would like to see in the future. Open until 14 August 2020.

Current place name proposals
Comment on a proposal - All proposals listed here have a public consultation period
Job number 19-017: Dundula Creek
Closing date for comments: 14 August 2020

New or expanded cropping
The Queensland Government will defer the commencement of the new or expanded commercial cropping and horticulture activities requirement (known as ERA 13A), under the Reef protection regulations until 1 June 2021. The deferment is in direct response to COVID-19 (coronavirus) and ensures the agricultural community has a suitable amount of time to prepare for the changes.  More...

Cases

Parmenter v MB Built Surrey Hills Pty Ltd (Building and Property) [2020] VCAT 819
Domestic Building Contracts Act 1995 – s.8 – implied warranties – s.31(1) – description of domestic building work in contract – short description in general terms – no specifications - neither plans nor quotation referred to or annexed to contract document – recourse to both permitted to determine extent of work to be carried out - s.40(3) – builder not to demand, receive or retain amount not directly related to the progress of the building work – intending builder demanding and receiving deposit and second instalment under proposed contract before contract executed or work commenced – proposed contract not entered into – subsequent building contract with related company – payments passed to related company – whether breach of section - claim by builder that building period not to commence until other work done – no such provision in contract – claim for rectification – no proof of common intention– rectification not available – alleged collateral contract requiring builder to engage third party as supervisor - third party claiming authority to bind owner –owner denying authority – no evidence of authority– alleged agent not called – authority not proven– agreement that owner would pay amount to third party for supervising contract – builder nonetheless liable for statutory warranties under s.8 – supervision that of builder, not owner – allegation that owner responsible for supervision of domestic building work inconsistent with s.9 and s.132 – any such agreement void – Building Act 1993 s.169F(2)(c) – builder allowing unlicensed third party to carry out domestic building work - unlawful unless done as sub-contractor of builder – instalment to be paid on “Installation” – term not defined – no cabinetry installed ordered or paid for – installation stage not reached – refusal by Builder to continue work unless stage payment made and complaint to BDRV withdrawn – builder not entitled to payment - whether repudiation by builder – owner changing locks to secure site – whether serious breach or repudiation by owner - owner serving notice of breach under contract – whether a composite notice – whether service of notice a breach – whether notice in accordance with contract – acceptance of repudiation by owner – termination on one ground effective if valid alternate ground available – damages – work completed by owner as owner-builder – amount expended and claimed less than reasonable cost of completing work – amount spent in regard to the scope of works allowed – no separate costing of defective work – rectification included in amount claimed. Order the Respondent to pay to the Applicant $61,546.20.

Amato v JAS Property Developments Pty Ltd & Anor (No 3) [2020] VSC 480
INJUNCTION – Application for extension of interlocutory injunction – contract of sale of property between plaintiff and first defendant – licence to occupy pending settlement of sale – second defendant as mortgagee over property intends to exercise power of sale – notice to vacate issued to plaintiff – whether serious question to be tried as to second defendant’s knowledge and involvement in contract of sale and licence – whether balance of convenience favours continuation of injunction – extension granted – Australian Broadcasting Corporation v O’Neill [2006] HCA 46; (2006) 227 CLR 57.

Adaz Nominees Pty Ltd v Castleway Pty Ltd [2020] VSCA 201
CONTRACT – principles of construction of commercial contracts – remuneration under services agreement calculated as a percentage of taxable income – whether express terms only permitted expenses related to normal business activities to be taken into account in the calculation of the remuneration – whether a term implied as a matter of fact whereby only expenses related to normal business activities taken into account in the calculation of the remuneration – term alleged to be implied as a matter of fact inconsistent with express terms – whether certain expenses should not be taken into account in calculation of remuneration
CONTRACT – principles in relation to terms implied by law – terms implied as a matter of law whereby each party obliged to do all things necessary to enable the other party to have the benefit of the contract and not hinder or prevent the fulfilment of the purpose of the express promises – whether a substantial charitable donation a breach of the implied term – Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596, Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 253 CLR 169, Byrne v Australian Airlines (1995) 185 CLR 410, considered
CONTRACT – commission payable under the contract on ‘Introduced Projects’ – whether projects were ‘Introduced Projects’ within the meaning of the contract
TORT – conspiracy and breach of directors’ duties – whether applicants conspired to injure respondents by unlawful means or acted with the predominant purpose of injuring them, and whether applicants breached directors’ duties – trial judge accepted directors’ evidence as to purpose – trial judge’s findings not ‘glaringly improbable’ or inconsistent with ‘incontrovertible’ evidence
INTEREST – whether undisputed invoices were payable under the terms of the agreement prior to resolution of disputes. 

Aventus Cranbourne Thompsons Road Pty Ltd v Home Consortium Leasehold Pty Ltd [2020] VSCA 199
LANDLORD AND TENANT – long term lease of large retail premises in shopping centre complex – tenant ceased trading and sought to sublease part of premises – whether proposed sublease was permitted under lease – meaning of ‘Home Improvement Store’ – whether landlord unreasonably withheld consent to proposed sublease – application for leave to appeal granted – appeal allowed. 

Caradi Pty Ltd v Secretary, Department of Transport [2020] VSCA 197
LAND ACQUISITION AND COMPENSATION – compulsory acquisition of whole of land for Melbourne Convention Centre car park – land situated in Fishermans Bend Urban Renewal Area – appeal from determination by judge in Trial Division of market value of land and availability of compensation for costs of acquiring replacement land – whether valuations based on highest and best use of land – whether remediation costs had to be deducted or whether general allowance could be made – whether valuers considered sufficiently large number of comparable sales – relevance of sales after date of acquisition in rapidly rising market – whether applicant entitled to replacement land costs – leave to appeal granted – appeal dismissed – Spencer v Commonwealth (1907) 5 CLR 418; ISPT Pty Ltd v Melbourne City Council [2008] VSCA 180; (2008) 20 VR 447 applied; Secretary, Department of Economic Development, Jobs, Transport and Resources v Manor Lakes (Werribee) Pty Ltd [2017] 224 LGERA 195; Western Australian Planning Commission v Arcus [2003] WASCA 295; Brisbane City Council v Mio Art Pty Ltd [2011] 2 Qd R 1 considered – Land Acquisition and Compensation Act 1986 ss 40, 41(1)(d), 41(1)(f); Valuation of Land Act 1960 s 5A.

Leeda Projects Pty Ltd v Zeng [2020] VSCA 192
CONTRACT – breach – damages – fit-out of private art gallery and residence – builder failed to complete works in reasonable time – owner did not intend to reside at or rent property during delay period – whether owner entitled to damages for loss of use and enjoyment – Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64, Robinson v Harman [1848] EngR 135; (1848) 1 Exch 850, Hadley v Baxendale [1854] EngR 296; (1854) 9 Exch 341, applied – Calabar Properties Ltd v Stitcher [1984] 1 WLR 287, Sweeney v R & D Coffey Pty Ltd [1999] NSWCA 38, GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 50; (2003) 128 FCR 1, Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1463, Vautin v BY Winddown, Inc [No 4] [2018] FCA 426; (2018) 362 ALR 702, Wyzenbeek v Australasian Marine Imports Pty Ltd [No 2] [2018] FCA 1517, Bella Casa Ltd v Vinestone Ltd [2005] EWHC 2807, considered – loss of use and enjoyment of land compensable – whether property owner entitled to damages measured as commercial rental value of property for delay period – rental value not default measure – appropriate measure dictated by facts of case – rental value inappropriate measure where no intention to reside at or rent property – appeal allowed
CONTRACT – breach – damages for loss of use and enjoyment of property – whether property owner entitled to damages measured as wasted expenditure on property during delay period – availability of damages for wasted expenditure governed by general principles of contractual damages – payments made in respect of property during delay without benefit to owner appropriate measure of damages for loss of use – the Owners of the Steamship ‘Mediana’ v The Owners, Master and Crew of the Lightship ‘Comet’ [1900] AC 113, Pix v Suncoast Marine Pty Ltd [2019] QSC 45, considered – notice of contention upheld
PRACTICE AND PROCEDURE – appeal from Victorian Civil and Administrative Tribunal on question of law – Judge decided issues of mitigation and costs – whether issues suitable to decide or required remittal – Osland v Secretary, Department of Justice [2010] HCA 24; (2010) 241 CLR 320, applied – Hoser v Department of Sustainability and Environment [2014] VSCA 206; (2014) 203 LGERA 96, considered – considerations of convenience may permit Court to decide issue on uncontested facts found by Tribunal – issue of mitigation appropriately decided on basis of uncontested findings and written submissions, avoiding further delay – issue of costs complex and evaluative and required consideration by the Tribunal – Victorian Civil and Administrative Tribunal Act 1998 s 148(1).

Happy Lounge Pty Ltd v Choi & Lee Pty Ltd and Anor [2020] QDC 184
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FRUSTRATION – where the applicant entered into a contract with the first respondent for the sale of a bar and lounge – where the second respondents guaranteed performance of the first respondent’s obligations – whether government orders related to the COVID-19 pandemic frustrated the contract
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the respondents allege the applicant breached its obligations under the contract – whether the applicant breached its contractual obligations by failing to obtain the consent of the mortgagee to the assignment of the lease – whether the applicant breached its contractual obligations by failing to provide evidence of the value of the stock – whether the first respondent is entitled to a refund of the deposit paid
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES CONSTRUCTION AND INTERPRETATION OF CONTRACTS – ILLEGALITY – where the respondents allege the applicant breached its obligations under the contract to operate the bar and lounge as a going concern and in the usual way – where government orders related to the COVID-19 pandemic made it illegal for the bar and lounge to continue operating – whether the applicant is liable for such breaches.

Pickering, Re [2020] QLC 29
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – OTHER COURTS OR TRIBUNALS – where a small-scale gold miner applied for two mining leases near the Palmer River in far north Queensland – where the owner of the cattle station on which one of the leases was situated objected to the grant of both leases – where that sole objector was a non-active objector and did not appear at the hearing – whether to recommend the grant of the leases under s 269 of the Mineral Resources Act 1989 – consideration of the factors in s 269(4) of the Mineral Resources Act 1989 – where the Court recommended the grant of both leases
Mineral Resources Act 1989 Qld s 269.

Kings of Gifts (Qld) Pty Ltd v Redland City Council & Anor [2020] QPEC 42
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING AUTHORITY – PUBLIC INTEREST – where the appellant applied to the respondent for a material change of use permit to develop land for a service station with associated car wash facility, drive through restaurant and on-site effluent disposal irrigation area – where the land was in the Environmental Protection Zone and Open Space Zone of the Redlands Planning Scheme 2012 Version 4 – where the land was within the Bushland Living Precinct and the Greenspace Network in the Kinross Road Structure Plan Area in the Redlands Planning Scheme – where the proposed development complies with the ecological provisions of the Environmental Protection Zone Code and the Kinross Road Structure Plan Overlay Code – where the proposed development conflicts with the Redlands Planning Scheme by proposing to locate uses that are nominated as inconsistent uses in the zone and because the uses are not low-key in nature – where the proposed development complies with the planning rationale for limiting the uses to low-key uses – where, under s 326(1)(b) of the Sustainable Planning Act 2009 (Qld), the uses can be approved provided there are sufficient matters of public interest to warrant approval – whether there are sufficient grounds to justify approval
Planning Act 2016 Qld s 311; Sustainable Planning Act 2009 Qld s 314, s 324, s 326, s 493, s 495.

K&K (GC) Pty Ltd v Gold Coast City Council [2020] QPEC 40
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING AUTHORITY – PUBLIC INTEREST – where the appellant applied to the respondent for a material change of use permit to develop land for a service station, convenience store, take-away food premises and a fast food drive through premises – where the land was in the Detached Dwelling Domain and the Residential Choice Domain of the Gold Coast Planning Scheme 2003 – where the proposed use for fast food premises and take-away food premises conflict with the 2003 Planning Scheme and should be considered “undesirable or inappropriate” – where, under s 326(1)(b) of the Sustainable Planning Act 2009 (Qld), the uses can be approved provided there are sufficient matters of public interest to warrant approval – whether there are sufficient grounds to justify approval
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING AUTHORITY – CONSIDERATION OF WEIGHT TO BE GIVEN TO NEW PLANNING SCHEME – where City Plan 2016 commenced after the development application was made – where the proposed service station use was not supported by City Plan 2016 – where s 495 of the Sustainable Planning Act 2009 gives a broad discretion to afford weight to a new planning scheme – whether conflict with City Plan 2016 should be given determinative weight
Planning Act 2016 Qld s 311; Sustainable Planning Act 2009 Qld s 311, s 314, s 324, s 326, s 493, s 495.

Cases to 10 August 2020

Dixi-Lee Pty Ltd t/as Fresh Made Café v A & M Investments Pty Ltd [2020] QCAT 297
LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – where the dispute as to whether a lease exists between the parties – where the parties executed an Offer to Lease – where the respondent sought to withdraw the Offer to Lease – whether the Respondent is bound by the Offer to Lease – whether the Offer to Lease could be withdrawn. Retail Shop Leases Act 1994 Qld.

Equity 2 Pty Ltd v Best Price Real Estate Pty [2020] QDC 180
CONVEYANCING – THE CONTRACT AND CONDITIONS OF SALE – AGENT’S COMMISSION – where the applicant was appointed as the exclusive agent to market and sell property – where the respondent introduced a buyer to the applicant – where a conjunction agreement was entered into entitling the respondent to a share of the commission contingent upon the sale to the nominated buyer – where the property was sold to a different buyer – where a portion of the commission was distributed to the respondent – whether the respondent was the effective cause of sale of the property – whether the respondent is entitled to a share of the commission pursuant to the conjunction agreement
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS – whether there is an implied term in the conjunction agreement that the respondent is entitled to a share of the commission notwithstanding the property was sold to a different buyer and the respondent was not the effective cause of sale of the property – whether the applicant acted in breach of an implied duty to cooperate – whether the applicant acted in breach of an implied duty to act in good faith in the performance of the contract
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – STRIKING OUT – DISCLOSING NO REASONABLE CAUSE OF ACTION OF DEFENCE – where the plaintiff seeks orders that the defendant’s defence be struck out – whether the defendant discloses a reasonable defence – whether leave should be granted to re-plead
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT – where the plaintiff seeks summary judgment against the defendant – whether the defendant has any real prospect of defending the claim – whether there is a need for a trial.

Legislation

Commonwealth

Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2020
06/08/2020 - This instrument specifies models of Greenhouse and Energy Minimum Standards (GEMS) products that the GEMS Regulator has exempted from the requirements of Schedule 2 of the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019.

Queensland

Environmental Protection and Other Legislation Amendment Bill 2020
Stage reached: 2nd reading to be moved on 3/08/2020

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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