The Property Mill – 26 March 2015

April, 2015

In the Media

Australian shopping centres still in demand

Retail centres Australia-wide will experience mixed conditions over 2015, driven by regional variations in residential markets and employment, but the retail investment outlook is positive, according to m3property’s latest ‘Shopping Centre’ report (16 March 2015)

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ABA: Low interest rates yes, property bubble no: new report

House prices in Australia are in a period of strong growth spurred on by low interest rates, but there is no evidence of a property bubble, according to a report on the housing market released today by the Australian Bankers’ Association (11 March 2015)

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ACCC to not oppose Woodside’s proposed acquisition of Apache Corporation’s interests in the Wheatstone, Balnaves and Kitimat Projects

The ACCC will not oppose Woodside’s proposed acquisition of Apache Corporation’s interests in the Wheatstone, Balnaves and Kitimat Projects.  Following the proposed acquisition, Woodside would continue to face strong competition from other suppliers in the market, including Apache, Chevron, and Santos (04 March 2015)

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CEFC responds to the new Investment Mandate

CEFC Chair, Jillian Broadbent has responded to the new Investment Mandate which became law on 5 March 2015, and explains how the CEFC will continue its investments under this Investment Mandate (05 March 2015)

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Intergenerational Report Highlights Need for Housing Reform

The Government’s 2015 Intergenerational Report has highlighted the need to reduce barriers to new housing supply to accommodate Australia’s growing population, says the Urban Development Institute of Australia. The report, released today, predicts Australia’s population will grow to 39.7 million people by 2055 (05 March 2015)

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Government to define agribusiness following new FIRB rules

The Federal Government wants to create a clearer definition of agribusiness after it confirmed new laws surrounding foreign acquisitions. But the working definition of an agribusiness is limited to primary production — large corporate farms are covered but processors and manufacturers are not (05 March 2015)

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Equanimity penalised for misleading ads

Gold Coast-based financial planning and property management company, Equanimity Concepts Pty Ltd, has paid $30,600 in penalties for false or misleading advertising. ASIC was concerned the company could have misled consumers into thinking that if they borrowed with Equanimity, they would be helped to repay their home loan in a reduced timeframe without incurring further debt (04 March 2015)

To read more, please click here.

Queensland

Housing needed to support all Sunshine Coast markets

With a new planning scheme and a local government keen to get moving on delivery of the Maroochydore CBD, the Sunshine Coast’s property market has entered 2015 with strong potential (11 March 2015)

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Toowoomba to offer incentives for CBD developments

The Toowoomba Regional Council Planning and Development Committee this week voted to introduce discounts on infrastructure charges of up to $1 million for developments in the CBD. The total amount available for the program is $3 million and applies only to new developments (11 March 2015)

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Palaszczuk Govt charts new course for Abbot Point – Qld

The Premier announces a new agreement with major proponents Adani and GVK to put in place an environmentally sustainable and fiscally responsible proposal for the expansion of the Abbot Point Coal Terminal. The agreement reached would see dredge spoil dumped on land on the site known as T2, adjacent to the existing coal terminal, not on the Caley Valley wetlands or within the Great Barrier Reef World Heritage Area (11 March 2015)

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$500,000 support for Queensland Indigenous land and sea projects

Eleven projects across Queensland will share in more than $500,000 funding under the Queensland Government’s Indigenous Land and Sea Grants Program (11 March 2015)

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New Hervey Bay CBD master plan promises ‘innovative’ city

The Fraser Coast Mayor says a new master plan for the Hervey Bay CBD will reinvigorate the southern Queensland city. Council yesterday endorsed the Urban Renewal Master Plan, which includes improvements to parklands, a luxury hotel, new multi-level car-parks and an ‘Eat Street’ precinct with outdoor-style eateries (05 March 2015)

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In practice and courts

Updated maps to help protect our native species
The Department of the Environment has released version 2 of the Species of National Environmental Significance maps and GIS data products including many updated distributions and maps for newly listed species (13 March 2015)

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Announcements, draft policies and plans released 2015

Queensland 2015 statutory land valuations
Valuation notices have been issued today to all landowners in 29 of Queensland’s 62 rateable local government areas. The valuations will take effect for local government rating, state land tax and state land rental purposes on 30 June 2015 (04 March 2015)

To read more, please click here.

Property plan changes announced

The State Government announces of their intention to pursue the reintroduction of the former Labor Government’s Queensland Coastal Plan (04 March 2015)

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Vegetation management framework

The 15 self-assessable vegetation management codes for routine, low-risk property management and maintenance activities without the need for a clearing permit remain in force. The same seven Area Management Plans and property-scale maps of assessable vegetation (PMAV) still apply  (05 March 2015)

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Cases

The Body Corporate for the Village of Langler Drew Community Titles Scheme 16700 v Brisbane City Council & Ors (No. 2) [2014] QPEC 074

ENVIRONMENT AND PLANNING – TOWN PLANNING – costs – application for declaratory relief – distinguished from merits appeal

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Witmack Industrial Pty Ltd v Toowoomba Regional Council [2015] QPEC 007

APPLICATION FOR DECLARATIONS AS TO PROPERLY MADE APPLICATION – CHARACTERISATION OF INTENDED USE – Service Station – meaning of “ancillary” not defined in scheme – whether proposed takeaway/restaurant “ancillary” use to the primary use of a Service Station or results in an additional use subject of the mandatory requirements of a Development Application.

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NR Barbi Solicitor Pty Ltd v Miller & Old Coach Developments Pty Ltd [2015] QCAT 057

Solicitors bills – defence of defective and incomplete work and counterclaim for consequential losses – whether jurisdiction to hear counterclaim – whether set-off available –whether appropriate for resolution by QCAT – whether bill reasonable and in accordance with costs agreement
Morales v Murray Lyons Solicitors (a firm) [2010] QCATA 87 Re: Jozef Titan v Romano & Co [1990] FCA 618 D Galambos and Son Pty Ltd v McIntyre (1974) 5 ACTR 10 Branson v Tucker [2012] NSWCA 310 In re Park; Cole v Park (1889) 41 Ch D 326 Turner & Co v O Palomo SA [1999] 4 All ER 353 Clairview Developments Pty Ltd v Law Mortgages Gold Coast Pty Ltd & Ors [2007] QCA 141 Hill Corcoran Constructions Pty Ltd v Navarro & Anor [1992] QCA 017 IRM Pacific Pty Ltd v Nudgegrove Pty Ltd & Ors [2008] QSC 195 Bryan E Fencott and Assocs Pty Ltd v Eretta Pty Ltd [1987] FCA 102 Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1985) 1 NSWLR 114

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Orchid Avenue Pty Ltd v Hingston & Anor [2015] QSC 042

CONTRACTS – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – REPUDIATION AND NON-PERFORMANCE – where the plaintiff and defendant entered into a contract for the sale of an apartment “off the plan” and an additional contract for sale of furniture for the apartment – completion to be after registration of the relevant plan and creation of separate title for the apartment –– where the plaintiffs registered the plan, created a separate title and settlement became due – where the defendant refused to complete the contract, having purported to terminate – where the plaintiff claimed damages for breach of contract
CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – VENDOR’S REMEDIES – DAMAGES – where the parties entered into a contract for the sale of an apartment “off the plan” and a contract for sale of furniture for the apartment – completion after registration of the relevant plan and creation of separate title for the apartment – where the plan was registered and settlement became due – where the defendant refused to complete the contract, having purported to terminate – where the plaintiff claimed damages for breach of contract – where the plaintiff agreed to contribute $23,350 towards the total cost of furniture and their claim was reduced by this amount to reflect the net value of the contract for the apartment – nominal damages claimed for non-performance of the furniture contract
CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS – OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE MATTERS – where the parties entered into a contract for the sale of an apartment “off the plan” – proposed apartment identified on a plan – where the plaintiff was required to provide to the defendants prior to purchase, a written statement clearly identifying the lot to be purchased under s 21 of the Land Sales Act 1984 (Qld) (‘LSA’) – where the plaintiff was required to provide a s 22 statement rectifying information that subsequently became inaccurate contained within the s 21 statement – where the defendants pleaded a defence under s 25(1) of the LSA allowing a purchaser to avoid a contract if “materially prejudiced” by the inaccuracy of a statement provided under s 21 – defence not pursued at trial and no evidence tendered to prove the defendants were materially prejudiced
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS – where the parties entered into a contract for the sale of an apartment “off the plan” – where the defendants alleged that the plaintiff engaged in conduct which contravened s 52 of the Trade Practices Act 1974 (Cth) ‘TPA’– where the defendants claimed they were induced to enter the contract and relied on misrepresentations made by the plaintiff that the views from the apartment would be unobstructed by any other building – where the defendants claimed relief under s 87 of the TPA

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Legislation

Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Low Volume Import Exemptions) Regulation 2015  SLI 2015 No. 22

Management Regulations 1995 to provide for importers of air conditioning equipment who are subject to the low volume exemption from the requirement to hold an ODS/SGG equipment licence (set out in paragraph 13(6A)(c) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989) to also be exempt from the prohibition on importing air conditioning equipment pre-charged with hydrochlorofluorocarbon (HCFC) (17 March 2015)

To read more, 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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