The Property Mill Queensland – 29 April

April, 2014

In the Media

National Water Commission under threat from Federal Government budget cuts

The decade-old commission, an independent statutory authority which advises the Commonwealth on water policy, is “in the mix” for cuts. Scrapping the commission would save the Government about $30 million over four years (21 April 2014)

To read more, please click here.

Australian-standard green bond launched

The World Bank (IBRD) has priced a $300 million 5-year fixed rate Kangaroo green bond, the first of its kind in the Australian domestic market.  World Bank Green Bonds support its lending to eligible development programs that are designed to address the challenges of climate change (17 April 2014)

To read more, please click here.

Carbon removal technologies now central to avoiding dangerous climate change

Technologies that remove heat trapping carbon pollution from the atmosphere are now central to a lower risk strategy to avoid highly dangerous climate change, finds a new world first study released by The Climate Institute, following the IPCC low-carbon technology report (16 April 2014)

To read more, please click here.

Landcare landmark brings Federal grant

Landcare Australia will receive a grant of more than $90,000 from the Federal Government to celebrate its 25th anniversary of protecting and enhancing the nation’s natural environment. The funding would support a range of activities by the Landcare community over the next 12 months and encourage more Australians to get involved with their local Landcare group (17 April 2014)

To read more, please click here.

RAA to ‘set solar record straight’

Finding key facts about solar in Australia is set to be made easier with the launch of the REC Agents Association (RAA) ‘Solar Facts’ portal. The information portal launched today by the renewables industry body is designed to deliver the facts in a sometimes toxic solar industry debate, RAA says (14 April 2014)

To read more, please click here.

 

GBCA releases scoping paper for new Green Star – Design & AS Built tool

The Green Building Council of Australia has released a scoping paper for the new Green Star Design & AS Built rating tool. The new tool, an overhaul and simplification of current Green Star tools, could assess all building uses in Australia except for single-unit dwellings (11 April 2014)

To read more, please click here.

Govt rejects foreign house purchase

The Treasurer has rejected a foreign purchase of a house in Sydney in what some experts say could be a new direction in government policy. It is understood the purchase was screened by Treasury, under the foreign investment review process, and the buyer declined to provide further information when it was sought (09 April 2014)

To read more, please click here.

Linc Energy to face court over coal plant

The resources company faces fines of more than $2 million after Queensland’s Department of Environment and Heritage Protection charged it with four counts of causing serious environmental harm at its Chinchilla plant, in the state’s southwest (22 April 2014)

To read more, please click here.

Survey finds foreign buyers increasing, tips Brisbane for best property gains

A major bank’s survey of real estate professionals and investors finds foreign purchasers now account for up to a quarter of buyers in some markets (17 April 2014)

To read more, please click here.

New passenger terminal for Boulia Airport

The Western Queensland town of Boulia will receive a new airport terminal to cater for local residents and a growing number of resource sector workers through the Queensland Government’s $495 million Royalties for the Regions program (17 April 2014)

To read more, please click here.

APPEA: Record number of land agreements signed between gas companies and Queensland farmers

New natural gas industry data released shows that natural gas development is underpinning Queensland’s economy. Queensland landholders are saying yes to natural gas development in big numbers having signed more than 4500 land access agreements with gas companies since 2011. (17 April 2014)

To read more, please click here.

Enough of ratepayers subsidising property development

The Newman Government has moved to continue the practice of Councils funding the gap between what developers are required to pay towards new urban infrastructure and the real costs, and has not

opted to cut the maximum infrastructure charge that councils could levy on developers (17 April 2014)

To read more, please click here.

12 proposals shortlisted for three QLD casinos

Six proposals for an integrated resort development at Queen’s Wharf in Brisbane have been shortlisted by the QLD government, including Australia’s Crown Resorts, Echo Entertainment Group and Lend Lease (17 April 2014)

To read more, please click here.

Government reveals plan for priority infrastructure

The Queensland Government will put in place funding incentives for councils that use a new ‘fair value schedule of charges’ by having the State co-invest in Priority Development Infrastructure in the council’s area (17 April 2014)

To read more, please click here.

$2 billion in savings to reduce power prices

The Queensland Government pursuing reform of the electricity sector aimed at putting downward pressure on electricity prices, has included a move to price monitoring and the National Energy Customer Framework (NECF). A new set of reliability standards released will commence from 1 July 2014 (16 April 2014)

To read more, please click here.

 

Court rules Galilee mine needs conditions: court

A multi-billion dollar coal mine in Queensland’s Galilee Basin should only go-ahead if a number of conditions are met, the state’s land court has ruled.  Queensland Land Court member Paul Smith recommended the mine be rejected or further conditions imposed (09 April 2014)

To read more, please click here.

Published – articles, papers, reports

Household Saving in Australia: Research Discussion Paper 2014-03 / Reserve Bank of Australia

This paper investigates household saving behaviour in Australia, as well as the drivers behind the recent rise in the aggregate household saving ratio. Households’ saving ratios tend to increase with income, but decrease with wealth and gearing (17 April 2014)

To read more, please click here.

National Greenhouse Accounts / Department of the Environment

The latest Quarterly Update of Australia’s National Greenhouse Gas Inventory: December 2013 reports on Australia’s latest greenhouse gas emissions estimates. The Australian Greenhouse Emissions Information System (AGEIS) – the AGEIS is an online database that provides detailed greenhouse gas emissions data from the National Greenhouse Accounts (15 April 2014)

To read more, please click here.

Factbox: The abridged IPCC / Reuters

Following are main findings by the UN’s Intergovernmental Panel on Climate Change in a report on Sunday saying that time is running out to keep global warming within agreed limits. The 33-page summary, by leading scientists, is meant to guide almost 200 governments which have promised to work out a deal by the end of 2015 to slow climate change (15 April 2014)

To read more, please click here.

In Practice and Courts

AER: issues paper on new transmission pricing

The AER issues paper seeks comment on measures to implement an AEMC directive for a new charging regime between transmission network service providers. This is because from March 2015 adjoining transmission providers will now charge one another for the delivery of services to customers in the neighbouring region. Submissions close on 30 May 2014 (14 April 2014)

To read more please click here.

Announcements, Draft Policies and Plans released 2013

Draft Queensland Waste Avoidance and Resource Productivity Strategy (2014–2024): public consultation

This is an industry-led strategy that has been developed collaboratively with a steering committee. The draft strategy  proposes a high-level vision and direction for Queensland over the next 10 years. A quick guide  summarising the main points of the draft strategy is also available. Submissions close on 30 May 2014 (22 April 2014)

To read more, please click here.

Cases

Willmott & Anor v McLeay & Anor [2013] QCA 084

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SUMMARY JUDGMENT – where the parties entered into a contract for the sale of property – where the respondents failed to pay the balance deposit of $204,000 when required by the contract, or at a later date to which an extension was given, as well as the purchase price – where after the respondents’ failure to complete the contract, the appellants gave notice of termination of the contract and demanded payment of the balance deposit – where the appellants sought summary judgment in the applications jurisdiction on the deposit due and owing, including interest and costs on an indemnity basis – where there was no dispute of fact and the only issue was as to the construction of the contract – where the primary judge found that it was not an appropriate issue for determination in the applications jurisdiction – where the primary judge considered it possible that the respondents would prove to have a defence to the claim, and that because the matter was one which required detailed and considered submissions, it should proceed to trial – where on appeal, the respondents submitted that the appeal was one from the exercise of a discretion – where the primary judge did not purport to exercise any residual discretion, not being satisfied of either of the matters in r 292(2)(a) and (b) of the Uniform Civil Procedure Rules – where the question of construction was relatively straightforward – whether the primary judge was correct in concluding that the statutory pre-conditions for the exercise of the discretion to give summary judgment had not been made out by the appellants

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the parties entered into a contract in standard REIQ form for the sale of property – where the respondents failed to pay the balance deposit of $204,000 when required by the contract, or at a later date to which an extension was given, as well as the purchase price – where after the respondents’ failure to complete the contract, the appellants gave notice of termination of the contract and demanded payment of the balance deposit – where the contract provided for recovery of any unpaid part of the deposit as a liquidated debt – where the contract provided for the seller to have remedies in the event of termination for the buyer’s default including a right to resell the property and a right to recover damages of any unpaid part of the deposit as a liquidated debt – whether, on the proper construction of the contract, the appellants had the right to recover the unpaid deposit as a liquidated debt only if the contract were affirmed – whether, on the proper construction of the contract, the appellants were entitled to recover the deposit in addition to the rights provided in the event of termination for default

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF THE COURT – COSTS – where on application for summary judgment, the appellants sought indemnity costs and argued on appeal that costs of both the application and the appeal should be awarded on that basis – where the contract entitled the seller to claim damages for loss suffered from the buyers’ default, including legal costs on an indemnity basis – where there had been no claim for damages – whether it was the intention of the parties to the contract for payment of costs to be on an indemnity basis – whether the appellants established a clear right under the contract to warrant the exercise of the costs discretion in favour of granting indemnity costs

To read more, please click here.

Cases to 15 April 2014

Mentech Resources Pty Ltd v MCG Resources Pty Ltd (in liq) & Ors [2013] QCA 079

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – TITLES, RIGHTS, PERMITS, LICENCES AND LEASES ETC – EXPLORATION TITLES – NATURE AND EXTENT OF INTEREST – where the second respondents entered into two separate contracts for the assignment of an exploration permit with the applicant and the first respondent – where the applicant and first respondent both lodged caveats pursuant to s 152 Mineral Resources Act 1989 (Qld) to prevent ministerial approval being granted for any further assignment – where both the applicant and first respondent sought and were granted Land Court orders that their respective caveats be continued until further order of the Land Court – where both the applicant and first respondent commenced Land Court proceedings seeking the removal of the other’s caveat and the specific performance of their respective contracts with the second respondents – whether the Land Appeal Court erred in finding that the first respondent had the better equitable interest

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the first and second respondents entered into a contract for the assignment of an exploration permit – where clause 3.1 of the contract contained a condition precedent to completion – where the Land Appeal Court found that the second respondent sellers were not entitled to terminate and thus, the first respondent buyer had an equitable right to enforce the contract – where the applicant contended that the Land Appeal Court erred in so finding –whether the first respondent had an obligation to notify the second respondents of its acceptance of the s 31 Native Title Act Agreement within a specified time pursuant to clause 3.1 – whether the first respondent’s rights depended on the fulfilment of a condition precedent in clause 3.1 – whether the first respondent had an enforceable interest in respect of an exploration permit at 30 March 2010

To read more, please click here.

Sunshine Coast Regional Council v Kube & Anor [2013] QPEC 011

PLANNING AND ENVIRONMENT where respondents have carried out earthworks on their property since purchase in 2007; whether earthworks are “assessable development” under the Planning Scheme; whether earthworks require permit; where no permit sought or granted.
ENFORCEMENT PROCEEDINGS where applicant seeks declaration that earthworks constitute “assessable development” for which no permit has been given and therefore respondents have committed development offences; whether there are reasons not to make enforcement orders on discretionary grounds.

To read more, please click here.

Holloways Beach Resort Pty Ltd v Moreton Bay Regional Council [2013] QCAT 093

Minor Civil Dispute – property claim – tyres of motor vehicle destroyed when colliding with a pothole concealed by stormwater – alleged negligence by respondent in undertaking previous repairs to road surface in area of pothole – meaning to be attributed to the expression “actual knowledge of the particular risk the materialisation of which resulted in the harm” when used in s.37 of the Civil Liability Act 2003.

To read more, please click here.

Legislation

Commonwealth

Instrument under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 – Stolway Pty Ltd
The instrument exempts the models of air conditioners from the requirements of section 6 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013 (15 April 2014)

For more information, please click here.

Queensland

Subordinate legislation as made

No 39: Liquor Amendment Regulation (No. 1) 2014 – 11 April 2014 Liquor Act 1992 –  Amendment of s 27A (Drinking water to be  available) (1) Section 27A(2) and (3)—insert — The licensee must ensure clean and potable drinking water is available to each patron of the licensed premises

For more information, please click here.

No 41: Queensland Building and Construction Commission Amendment Regulation (No. 1) 2014-  11 April 2014 Queensland Building and Construction Commission Act 1991 – Insertion of new s 33A Part 6—33A Prescribed government project—Act, sch 1A, s 11 (1) For the Act, schedule 1A, section 11(5), Definition prescribed government project , the construction of the Commonwealth Games village (the relevant project) is prescribed

For more information, please click here.

No 42: Housing Amendment Regulation (No. 1) 2014 – 11 April 2014 Housing Act 2003 –  Insertion of new s 59APrescribed exempt providers—This section prescribes for the Act, schedule 4,  definition, exempt provider , paragraph (b), a person or entity eligible to receive funding to provide— a particular social housing service

For more information, please click here.

No 44:  Penalties and Sentences Amendment Regulation (No. 1) 2014 amends the Penalties and Sentences Act 1992-Replacement of s 2A (Value of penalty unit for particular purposes—Act, s 5(1)(b)) and Amendment of sch 2 (Makers of local laws—$75 as value of penalty unit) –  17 April 2014

For more information, please click here.

 

Queensland legislation can be accessed at www.legislation.qld.gov.au

Contact Mills Oakley

Melbourne


James Price | Partner 
T: +61 3 9605 0824
E: jprice@millsoakley.com.au


Anthony Brearley | Partner
T: +61 3 9605 0810
E: abrearley@millsoakley.com.au


Tom Cantwell | Partner
T: +61 3 9605 0958
E: tcantwell@millsoakley.com.au

luke-westmore

Luke Westmore | Partner
T: +61 3 9605 0061
E: lwestmore@millsoakley.com.au

Brisbane

tony-butler

Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

Sydney


lachlan-paterson

Lachlan Paterson | Partner
T: +61 2 8289 5895
E: lpaterson@millsoakley.com.au

Catherine Hallgath | Partner
T: +61 2 8289 5806
E: challgath@millsoakley.com.au

Tim L’Orange | Partner 
T: +61 2 8289 5816
E: tlorange@millsoakley.com.au

Canberra

adam-peppinck

Adam Peppinck | Partner
T: +61 2 6196 5203
E: apeppinck@millsoakley.com.au

Perth

andrew-logan

Andrew Logan | Partner
T: +61 8 6167 9802
E: alogan@millsoakley.com.au

patrick-thaung

Patrick Thaung | Partner
T: +61 8  6167 9803
E: pthaung@millsoakley.com.au

Privacy Policy | Terms of Use