The Property Mill – 18 March 2015

April, 2015

In the Media

Call for voluntary land nominations for a National Radioactive Waste Management facility

The Australian Government has opened the process for voluntary site nominations for a national radioactive waste management facility. Landholders in all states and territories can nominate land for a facility to safely store Australia’s intermediate level waste and dispose of low level waste (02 March 2015).

To read more, please click here.

Long commutes drive up stress, cost of living: report

The long distances between where people live and work are forcing some to consider a move to inner-city suburbs to reduce commute times and cost of living pressures, according to the book, City Limits: Why Australia’s cities are broken and how we can fix them (02 March 2015).

To read more, please click here.

UDIA welcomes delay, but NBN charges still unfair

The Urban Development Institute of Australia (UDIA) has welcomed the Government’s decision to partially delay the introduction of new fees on new home buyers for connecting to the National Broadband Network (NBN), but is still critical of the new policy (27 February 2015).

To read more, please click here.

Government to strengthen Australia’s foreign investment framework

The released Options Paper sets out for consultation the reforms that the Government proposes to implement to improve compliance and enforcement of the rules for foreign investment in residential real estate (25 February 2015).

To read more, please click here.

Proposed foreign investment fees on the high side

The Options Paper has supported REIA’s proposal that a more effective deterrent, and one that reflects changing market conditions, is to set penalties as a percentage of the Property value. The paper proposes 10% and REIA feels this is a fair penalty for foreign investors if a breach occurs (25 February 2015).

To read more, please click here.

Government to strengthen Australia’s foreign investment framework

The Commonwealth Government will take action to strengthen Australia’s foreign investment framework for residential real estate and agriculture. The Options Paper sets out for consultation the reforms that the Government proposes to implement to improve compliance and enforcement of the rules for foreign investment in residential real estate (25 February 2015).

To read more, please click here.

ACCC issues draft determination on NBN Co’s LTRCM

The ACCC has issued a draft determination on NBN Co’s Long Term Revenue Constraint Methodology (LTRCM). NBN Co’s LTRCM proposal sets out the values and calculations required to determine the amount of revenue NBN Co is allowed to earn each financial year to recover its costs of providing services (19 February 2015).

To read more, please click here.

Queensland

State leasehold rent payments deferred to help cyclone recovery

Quarterly rent payments due on leased state land will be deferred until 30 June 2015 to help struggling leaseholders recover in areas damaged by ex-Tropical Cyclone Marcia (27 February 2015).

To read more, click here.

Tenders called for major Cape York road upgrade

Tenders are being sought for a major road project on Cape York in far north Queensland. The work is to upgrade the Mein Deviation on western Cape York, as part of the state and federal governments’ $260 million infrastructure package for the Peninsula (24 February 2015).

To read more, please click here.

Outback Queensland road projects share in $1m blackspot funding boost

Five projects in western Queensland will share in just over $1 million in new funding under the Federal Government’s blackspot road funding program. The Government has announced $33 million all up for 83 projects across Queensland (19 February 2015).

To read more, please click here.

Developer unfazed by deadline for billion dollar Sunshine Coast plans

Japanese developer Sekisui House says it will have no problem meeting the Sunshine Coast council’s deadline to submit more information on its proposed billion dollar development at Yaroomba (18 February 2015).

To read more, please click here.

Published – articles, papers , reports

Australia’s net energy inputs increased to approximately 21,700 PJ in 2012-13 from 19,900 PJ in 2011-12; Energy intensity for all industries (measured in GJ/$m IGVA) remained constant; Household energy consumption per capita decreased by 0.7 GJ, (or 1.5%); Energy reserves to production rate in 2012-13 varied between 11.4% for crude oil and 0.2% for brown coal (20 February 2015).

To read more, please click here.

In practice and courts

Issue Paper: National energy market governance arrangements

The Issues Paper, to be released in April, will be followed by a broad public consultation process. A draft report will be released in July for further consultation. The final report is due to be submitted to the COAG Energy Council in September 2015. More information on the review including the Terms of Reference is available on the COAG Energy Council website here (25 February 2015).

Strengthening Australia’s Foreign Investment Framework – Consultation Paper

The Government is seeking views on proposed reforms to strengthen Australia’s foreign investment framework, particularly around residential real estate and agriculture. This discussion paper forms the basis of the Government’s consultation on reforms to the foreign investment framework (25 February 2015).

To access the discussion paper, please click here.

Need for a national approach to retail leasing arrangements

Reporting Date: 05 March 2015
The Senate: 16 February 2015 – Transcript of Senate Economics References Committee hearing into Retail leasing arrangements, Friday, 13 February 2015.

To access the transcript, please click here.

WorkCover Queensland: Owner-builders and DIY – are you covered?

Homeowners who engage workers to perform maintenance or renovations at their private dwelling (domestic residence) are required to hold an inexpensive Household Workers Insurance Policy.
If homeowners are not living at the premises and are engaging workers they will be required to hold an ordinary WorkCover Accident Insurance Policy.(25 February 2015).

Cases

Lambert Property Group Pty Ltd v Daly & Ors [2015] QPEC 004

ORIGINATING APPLICATION – where applicant respondent filed originating application seeking declaratory relief on 11 October 2013 – where respondent applicants were unsuccessful in previous strike out application – where strike out application primarily grounded on the applicant respondents’ failure to properly prosecute its originating application
STRIKE OUT APPLICATION – where respondent applicants sought to renew their strike out application by way of an oral application – where oral application opposed primarily on the ground that it lacked merits or, in the alternative ought be brought in a more formal way by the filing of a further application and supporting material.

To read more about this case, please click here.

Brisbane Parking Technologies v Ank Pty Ltd [2015] QDC 025

PRACTICE – INJUNCTIONS AND DECLARATIONS – PAYMENT INTO AND OUT OF COURT – where the plaintiff leased property from the defendant landlord – where the plaintiff paid to the defendant a cash bond as a guarantee for the lease of the property – where the defendant allegedly locked out the plaintiff from the property for breach of the lease due to the plaintiff allegedly not paying rent – where the plaintiff alleged that it was not aware of any breach of the lease – where the plaintiff claims a declaration that the defendant did not provide a reasonable time for the plaintiff to remedy the breach of the lease – where the plaintiff seeks damages and/or compensation and/or penalty from the defendant for termination of the lease – where the plaintiff seeks an injunction to restrain the defendant from dealing with the cash bond – where the plaintiff seeks an order to have the defendant pay the cash bond into the court – whether the plaintiff is entitled to the relief that it seeks

To read more about this case, please click here.

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

 

 

 

 

 

 

 

 

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