The Property Mill Queensland – 15 June 2015

December, 2016

In the Media

Real estate agents and lawyers vulnerable to money laundering risk

AUSTRAC has released two new reports to help Australian businesses identify money laundering methodologies used through real estate agents and lawyers (02 June 2015)

To read more, please click here.

Unfair NBN Charges to Hit New Home Buyers

The Urban Development Institute of Australia (UDIA) has strongly criticised the Government’s new NBN Greenfields policy, which will burden new home buyers with the cost of building the NBN, whilst existing households continue to get it for free (28 May 2015)

To read more, please click here.

Telecommunications in new developments – a new approach to competition

The Minister for Communications, has released the Government’s new policy for the provision of telecommunications infrastructure in new real estate developments. People buying property in new developments can also foster better outcomes by checking developers have arranged for quality telecommunications before buying (27 May 2015)

To read more, please click here.

Investment in our cities is mission critical, says GBCA

The latest audit underscores the importance of making our cities work – with cities expected to contribute $1.6 trillion to the economy by 2031 (25 May 2015)

To read more, please click here.

Queensland

Gladstone port master plan sets the standard

Public consultation begins this week on an initiative that will drive economic development in and around Gladstone’s port and protect the Great Barrier Reef (09 June 2015)

To read more, please click here.

Brisbane 2022 New World City Action Plan

The Lord Mayor’s Economic Development Steering Committee has released the Brisbane 2022 New World City Action Plan, which looks to build on the success of the G20 by identifying actions that will position Brisbane as a leading New World City. A key recommendation for the property industry is the Brisbane region ‘earn back’ strategy modelled on the ‘UK City Deals’ scheme (04 June 2015)

To read more, please click here.

Govt to move on FNQ water

The Government will soon release industry-boosting tenders for water in Far North Queensland, calling on tenders in the fourth quarter of this year to allow business and industry to bid to use more than a quarter of a million megalitres in the Flinders River catchment (04 June 2015)

To read more, please click here.

QLD councils hit back over critical fraud audit

The Local Government Association of Queensland (LGAQ) has fired back over a sharply critical report on fraud management in the state’s councils issued by the Queensland Audit Office that has called a tougher approach to compel better reporting of losses and record keeping of allegations (03 June 2015)

To read more, please click here.

New laws will protect Reef, boost ports

The Sustainable Ports Development Bill, the first of its kind in Australia, would boost ongoing development at the key export ports Townsville, Abbot Point, Gladstone, and Mackay Hay Point/Mackay and protect the Reef (03 June 2015)

To read more, please click here.

Preferred developer of Brisbane riverfront site at Northshore Hamilton announced

A new $400 million waterfront community is a step closer after the Queensland Government announced it will work exclusively with Leighton Properties to finalise a detailed proposal to design and build apartment, retail and commercial buildings in Northshore Hamilton (26 May 2015)

To read more, please click here.

New State Govt $200 million infrastructure bonanza generates regional jobs

A new Government infrastructure bonanza will pump $200 million over the next two years into regional projects, supporting about 600 jobs across the state (25 May 2015)

To read more, please click here.

Published – articles, papers reports

Transit Oriented Developments: the convergence of factors: CBRE report

Several trends are creating opportunities for TOD projects in Australia and around the world. Among those trends are increasing rates of urbanisation, declining productivity linked to increased travel times, a growing government focus on public transport infrastructure initiatives and greater sophistication in project and infrastructure funding (26 May 2015)

To read more, please click here.

Brisbane 2022 New World City Action Plan

Economic Development Steering Committee: 26 May 2015
The report identifies seven key economic priorities: Brisbane Growth Sectors; Talent and Skills; Diverse Districts and Productive Precincts; Start-up Ecosystem; Small and Medium Enterprises; Brisbane Region Approach; Team Brisbane

To read the report, please click here.

In practice and courts

ACCC: input into review of water charge rules in the Murray-Darling Basin

The ACCC has released its issues paper seeking submissions on possible amendments to the Commonwealth water charge rules. Submissions should be provided to the ACCC by Friday 26 June 2015.

A copy of the issues paper, which includes details on how to make a submission, is available here.

Announcements, Draft Policies and Plans released 2015

OSR: Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015
On 2 June 2015, the Act was passed by Parliament. The Act makes a number of other amendments to revenue legislation administered by us:

Duties Act 2001– amendments to the duties framework to implement a transfer duty model to support electronic conveyancing in Queensland provide concessional duty treatment for agreements for the transfer of exploration authorities under certain farm-in agreements in the resources sector, and extend the exemption for land transferred to the state for a public or community purpose to include statutory vestings

First Home Owner Grant Act 2000  – an amendment gives effect to an existing administrative arrangement by ensuring the Commissioner of State Revenue can exercise certain taxpayer beneficial discretions to grant an exemption from eligibility required for the grant, without time limitations

Taxation Administration Act 2001 – a number of amendments support the transfer duty model for electronic conveyancing. These amendments will commence on Royal Assent.

Consultations
Lindeman Great Barrier Reef Resort Project’s draft terms of reference for the environmental impact statement public consultation  Closing date for submissions is 03 July 2015.

To read more, please click here.

Cases

Ligon Sixty-Three Pty Ltd v ClarkeKann & Ors [2015] QSC 153
LANDLORD AND TENANT – COVENANTS – NOT TO ASSIGN OR SUBLET – LESSOR’S CONSENT – NOT TO BE UNREASONABLY WITHHELD ETC – where the plaintiff had acted upon the defendant’s advice to sue the purchaser in a contract to sell its sub-lease, that claim had been dismissed and the plaintiff sought to recover its losses and costs – where the defendant pleaded that the plaintiff’s sub-lessor was a concurrent wrongdoer under the proportionate liability provisions of the Civil Liability Act 2003 (Qld) – where the plaintiff sought to have the sub-lessor joined as a defendant in the proceedings – where the defendant claimed the sub-lessor breached obligations owed to the plaintiff by unreasonably withholding consent from the plaintiff to assign its sub-lease to the purchaser – whether s 121 of the Property Law Act 1974 (Qld) imposes an obligation on the sub-lessor, gives rise to implied contractual obligations or is the basis for imposition of a common law duty of care upon the lessor – a lessee’s covenant not to assign without consent does not give rise to an implied covenant by the lessor not to unreasonably withhold consent or to liability on the part of the lessor – s 121 acts as a proviso on the lessee’s covenant not to assign without consent that consent would not be arbitrarily withheld – where the lessor’s alleged unreasonable refusal of consent to assign the sub-lease would not have prevented the plaintiff from assigning it – where the pleaded bases for the sub-lessor’s liability to the plaintiff were wrong in law, the sub-lessor was not a concurrent wrongdoer and the plaintiff’s application to join the sub-lessor as a defendant was refused
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE RULES AND ITS PREDECESSORS – PARTIES – OTHER MATTERS – where the plaintiff applied to join two other parties as defendants in the proceeding, prompted by the defendant’s amendments its Defence pleading the other parties were concurrent wrongdoers for the purpose of the proportionate liability provisions of the Civil Liability Act 2003 (Qld) – where the second respondent could not be joined as a defendant in the proceeding as it was immune from suit – whether the second respondent could, notwithstanding its immunity from suit, be a concurrent wrongdoer – a party that was at no time liable for loss or damage that is the subject of a claim cannot be a concurrent wrongdoer for the purpose of Chapter 2, Part 2 of the Civil Liability Act 2003 (Qld)
PROFESSION AND TRADES – LAWYERS – DUTIES AND LIABILITIES – SOLICITOR AND CLIENT – NEGLIGENCE – IN RELATION TO LITIGATION PROFESSION AND TRADES – LAWYERS – DUTIES AND LIABILITIES – SOLICITOR AND CLIENT – NEGLIGENCE – IN RELATION TO PROPERTY TRANSACTIONS TORTS – NEGLIGENCE –STATUTES, REGULATIONS, ETC – APPORTIONMENT IN PARTICULAR SITUATIONS AND CASES

To read the case, please click here.

Chief Executive, Department of Transport and Main Roads v Cidneo Pty Ltd [2015] QCA 96
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – MARKET VALUE – BEFORE AND AFTER METHOD – where the appellant’s land was resumed – where the Land Court assessed compensation using the ‘before and after’ method – where the assessment required consideration of the likely contribution for external roadworks – where, subsequent to the resumption, the contribution for external roadworks was agreed upon – where the Land Court, in assessing compensation, did not take into account post-resumption events – whether post-resumption events ought to have been taken into account when assessing compensation
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – SEVERANCE – where s 20 of the Acquisition of Land Act 1967 (Qld) requires that in assessing the compensation to be paid regard must be had to any severance damage or injurious affection damage – where the Land Court concluded that the transport infrastructure contribution was neither severance damage or injurious affection damage – whether the transport infrastructure contribution was severance damage or injurious affection damage
Acquisition of Land Act 1967 (Qld), s 20 Adelaide Fruit and Product Exchange Co Ltd v Adelaide Corporation (1961) 106 CLR 85; [1961] HCA 20, considered.

To read the case, please click here.

Mio Art Pty Ltd as T’ee of Spencer Family Trust v Mango Boulevard Pty Ltd & Ors (No 6) [2015] QSC 116
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – whether the agreement between the plaintiff and a third party constituted a legal assignment, not by way of charge only, of the debt owed to it by the first defendant under a share sale agreement – where the relevant agreement provided that upon the occurrence of an Event of Default, the third party could exercise an option to be paid amounts due to the plaintiff under the share sale agreement – where the better construction of the agreement was that it did not effect an absolute assignment and, until an Event of Default, there was a charge only – not irrelevant that the document referred to the parties as “Chargor” and “Chargee” throughout – where other documents were admissible as an aid to the construction.

To read the case, please click here.

Queensland

Bills

Sustainable Ports Development Bill 2015

Introduced on 3/06/2015 Stage reached: Referred to Committee on 3/06/2015
The Bill will: prevent disposal of capital dredge spoil from ports in the Great Barrier Reef World Heritage Area stop development of new ports in the Great Barrier Reef World Heritage Area mandate master plans for all four priority ports, supporting further local development and investment.

To access the legislation, please click here.

Planning and Development (Planning for Prosperity) Bill 2015

Introduced on 4/06/2015 Stage reached: Referred to Committee on 4/06/2015
An Act to facilitate Queensland’s prosperity by providing for an efficient, effective, transparent, integrated and accountable system of land use planning and development assessment

To access the legislation, please click here.

Planning and Development (Planning Court) Bill 2015

Introduced on 4/06/2015 Stage reached: Referred to Committee on 4/06/2015

To access the legislation, please click here.

Contact Mills Oakley

tony-butler

Tony Butler  |  Partner
Property and Commercial
P: (07) 3228 0432
E: tbutler@millsoakley.com.au

 

tim-cox

Tim Cox  |  Partner
Property and Commercial
P: (07) 3228 0442
E: tcox@millsoakley.com.au

 

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