The Property Mill – Queensland – 21 October 2013

October, 2013

In the media

Online auction for multi-million dollar property

A real estate group will launch its first online auction at the end of this month, in the hope of offering their buyers a more convenient buying experience when entering the market (15 October 2013)

To read more, please click here.

Neighbourhood centres in demand

Some of Australia’s most powerful retail landlords are looking to invest significant amounts of money in ‘low-risk’ neighbourhood shopping centres that are anchored by supermarkets, according to CBRE (14 October 2013)

To read more, please click here.

Climate ‘new normal’ by 2050

Billions of people could be living in regions where temperatures are hotter than their historical ranges by mid-century, creating a “new normal” that could force profound changes on nature and society, scientists said overnight (10 October 2013)

To read more, please click here.

Coalition firm on plans for abolition of carbon tax

RepuTex forecasts the government could be left with a bill in excess of $2 billion as companies cash in nearly 87 million free carbon dioxide permits if the scheme is abolished in October 2014 (10 October 2013)

To read more, please click here.

GBCA: Australia’s under-performing buildings set for a green makeover

The Green Building Council of Australia (GBCA) has launched a rating tool which will improve the efficiency and environmental sustainability of Australia’s existing buildings after more the two years of industry engagement (10 October 2013)

To read more, please click here.

Farm Finance loan demand slows

RuralL Finance has received almost 150 applications under the Federal Government’s Farm Finance scheme.  More than $8 million in loans have been granted to 21 successful applicants since the concessional loans scheme opened in July (10 October 2013)

To read more, please click here.

China set for carbon pricing

As Australia moves to scrap its pioneering carbon-pricing scheme, China is expected to have seven pilot pricing systems in place no later than 2015, followed by a national scheme, according to a new survey from The Australian National University (10 October 2013)

To read more, please click here.

Boost in commercial property sales

Investment activity in the Australian commercial property sector is strengthening, with new data from CBRE showing that September quarter 2013 sales were up 51 per cent on the prior corresponding period in 2012 (04 October 2013)

To read more, please click here.

Office demand returns to positive territory

After recording a negative result in the second half of 2012, BIS Shrapnel’s underlying demand indicator for the office market has returned to positive territory, with employment cuts easing (04 October 2013)

To read more, please click here.

Solid conditions for greenfield market

A new greenfields index launched by Urbis indicates that conditions in the residential greenfields market have improved after a weak two-year period with the index giving a national rating of 106 where 100 is neutral (04 October 2013)

To read more, please click here.

Old office block set to become Australia’s first Green Star Hotel

A 1970s office block in Canberra’s south has been given a new lease of life, putting it in line to become Australia’s first Green Star hotel (02 October 2013)

To read more, please click here.

Greenpeace activists charged with piracy in Russia after Arctic oil drilling protest

Greenpeace says Russian investigators have charged 13 of its activists and one freelance videographer with piracy over an ocean protest against Arctic oil drilling (03 October 2013)

To read more, please click here.

Indigenous disadvantage does not diminish over time, High Court rules

Disadvantage caused by a person’s Indigenous heritage does not diminish over time and should be taken into account in sentencing of criminal offences, the High Court has found (02 October 2013)

To read more, please click here.

First native title cash compensation deal struck

The first native title financial compensation determination has been formalised at a remote area in the far north of South Australia (02 October 2013)

To read more, please click here.

Aircraft leasing, an opportunity for investors

Aircraft leasing could become an opportunity for investors after a report suggested it is entering a period of strong growth. The report was commissioned by Investec Bank’s Aviation Finance division (30 September 2013)

To read more, please click here.

HSBC: Housing boom’ spells end to rate cuts

Amid talk of a housing ‘bubble’, capital city housing values rose by 3.7 per cent in the third quarter of the year to take prices to a record high. Capital city house prices rose by 1.6 per cent in September and by 3.7 per cent in the third quarter, resting at 5.5 per cent higher for the year (02 October 2013)

To read more, please click here.

Integrated development for government precinct

The Government will seek proposals for an integrated development through an Expression of Interest process for the redevelopment of the government precinct in Brisbane’s CBD. The redevelopment could provide new six star hotels, retail, restaurant and entertainment zones, theatre and convention facilities, including a casino licence (14 October 2013)

To read more, please click here.

Landholders and miners benefit from new approvals process

Under the new process, companies will now be formally advised within 90 days of lodgement whether their proposed exploration works program for a project has been approved or rejected.  For applications subject to native title, these permit applications can then be finalised within 30 days of the native title process being concluded (14 October 2013)

To read more, please click here.

Brisbane Airport Corporation announces start of Parallel Runway

The Brisbane Airport Corporation has announced that work on the new Parallel Runway is due to begin within weeks. During the peak construction phase of the project, the runway is expected to generate almost 2,700 jobs, not to mention 7,800 brand new permanent jobs by 2035 (10 October 2013)

To read more, please click here.

Paradise Dam safety improved ahead of wet season

Bundaberg will be protected this wet season following SunWater’s acceptance of all recommendations in a report issued on this year’s Paradise Dam flood event. The NSW Department of Public Works review into dam safety management actions at Paradise Dam recommended the Emergency Action Plan be revised to include additional risk-mitigation measures (08 October 2013)

To read more, please click here.

Government considers Sunshine Plaza call-in

Deputy Premier and Minister for State Development, Infrastructure and Planning is considering “calling in” the development application for a proposed extension of Sunshine Plaza in Maroochydore.

The Sunshine Coast Regional Council approved an application by Lend Lease for a 37,000m2 extension to Sunshine Plaza on 30 July 2013 (08 October 2013)

To read more, please click here.

Pellicano lands prime Brisbane site

Private developer Pellicano plans to build a $550 million residential project close to Brisbane’s CBD in a joint venture with Perri Projects that will see the construction of a 1000-apartment village (04 October 2013)

To read more, please click here.

Government to stamp out right of entry abuses

Worksites across Queensland will now be better protected under proposed amendments to the Work Health and Safety Act 2011. The Attorney-General said amendments to the Act would stop unions bringing constructions sites to a halt while ensuring legitimate safety issues are appropriately addressed by the regulator (05 October 2013)

To read more, please click here.

Demolition plan for Southport Hospital

The Newman Government will demolish the Southport Hospital and sell the CBD land for development. Comprising approximately 3.5 hectares, the vacant hospital land will be a catalyst site for Southport and falls within the newly declared Southport Priority Development Area (04 October 2013)

To read more, please click here.

Published – articles, papers, reports

Resources and Energy Quarterly – September 2013 / Bureau of Resources and Energy Economics (BREE)

The report underscores the coal sector’s ongoing value to the Australian economy as our second most valuable export industry. This forecasts the value of Australia’s metallurgical coal exports will grow by an average annual rate of 3.2 per cent to reach $35 billion in 2017-18 and the value of thermal coal exports is predicted to rise by an annual rate of 6.3 per cent to exceed $24 billion (released October 2013)

To read more, please click here.

Tax, infrastructure, anti-corruption, energy and the G20 / Mike Callaghan, and others; Lowy Institute for International Policy

This paper deals with infrastructure financing, combatting tax evasion and avoidance, fighting corruption and global energy governance. The question being explored in each area is ‘where can the G20 add value? (10 October 2013)

To read more, please click here.

In practice and courts

AER: issues paper on Alternative Energy Sellers

The Australian Energy Regulator (AER) has published an issues paper which sets out our proposed approach to regulating alternative energy selling models under the National Energy Retail Law (Retail Law).Submissions are invited on the application by 22 November 2013 (14 October 2013)

To read more, please click here.

GBCA Green Star Performance rating tool

Green Star – Performance is able to rate every type of building, with the exception of single detached homes. Green Star – Performance joins the suite of Green Star rating tools for offices, building interiors, retail and industrial facilities, healthcare, public and education buildings, and multi-unit residential dwellings (10 October 2013)

To read more, please click here.

The Active Shooter Guidelines for Places of Mass Gathering 2013: Australia-New Zealand Counter-Terrorism Committee

The guidelines cover the critical elements of prevention, preparedness, response and recovery plans. They also include helpful checklists that help test your procedures (04 October 2013)

To read more, please click here.

Announcements, Draft Policies and Plans released 2013

Coal Seam Gas Globe application and  feedback

Coal Seam Gas Globe is an easy to use Google Earth application that provides access to a vast range of online spatial data that is relevant to landholders, industry and the community. CSG Globe is available at http://www.dnrm.qld.gov.au/mapping-data/maps.

Users of CSG Globe are encouraged to provide feedback through the Lands Queensland Facebook page at www.facebook.com/LandQueensland  (0ctober 2013)

Sunshine Coast Regional Economic Development Strategy 2013-2033

The first stages of Sunshine Coast – The Natural Advantage will be implemented immediately, beginning with 40 actions to be delivered in the first five years, with new opportunities emerging from major projects such as the Sunshine Coast Airport expansion and the development of the Maroochydore City Centre. The Strategy is now available on council’s website. (October 2013)

QCA: Review of Queensland Aquaculture Regulation

Regulatory reform to promote the growth of Queensland’s aquaculture industry will be the focus of a public inquiry by the QCA. The report, to be finalised by 15 September 2014, will include recommendations for a regulatory approach that could facilitate expansion of aquaculture in Queensland (04 October 2013)

To read more, please click here.

Reminder: The Draft Brisbane City Centre Master Plan 2013

This will achieve the vision of being an ‘open city’ through a coordinated framework of five strategies and the delivery of transformative projects and initiatives. These projects and initiatives have been grouped together into the 10 city-making moves. Submission close for the draft master plan on 25 October 2013

To read more, please click here.

Cases

Bank of Queensland Ltd v Morel & anor [2013] QSC 272

PROCEDURE – JUDGMENTS AND ORDERS – ENFORCEMENT OF JUDGMENTS AND ORDERS – EXECUTION AGAINST PROPERTY – WARRANTS OF SEIZURE AND SALE OR WRIT OF FIERI FACIAS – IN GENERAL – where defendants’ properties were used to secure loans granted by the plaintiff – where plaintiff obtained default judgment against the defendants – where first and second defendants were one and the same person – where plaintiff obtained leave for the issue of an enforcement warrant – whether the enforcement warrant should be stayed.

To read more, please click here.

Manbulloo Limited v Sacilotto & Ors [2013] QDC 243

PRACTICE & PROCEDURE – PLEADINGS – CAUSES OF ACTION – SUMMARY JUDGMENT – application by second defendant – whether plaintiff has realistic prospects of succeeding on all or part of the claim.

PRACTICE & PROCEDURE – PLEADINGS – ADDITION OF CAUSE OF ACTION – whether grounds for addition of cause of action of conversion of property by sale of it – whether property are fixtures or are chattels – whether plaintiff has any equitable interest in the property – whether any interest is enforceable against second defendants who are receivers and managers.

LEASE – TERMINATION – NEW LEASE – CONTINUATION OF TERMS – whether first lease extinguished – whether second unregistered lease binds liquidator – priority of competing interests.

PROPERTY – FIXTURES – whether buried irrigation system a fixture – whether any evidence about affixation.

REDEIVERS & MANAGERS – powers of receiver – whether liable personally for alleged breach of duty – whether implication of liability to third party not party in liquidation inconsistent with conventional position of liquidator.

REAL PROPERTY – LEASE – clause conferring benefit of covenant binding purchaser of land from lessor – whether binds liquidator – whether lease extinguished and any interest of lessee subsists – whether legal or equitable interest and against whom enforceable.

PRACTICE & PRODEDURE – PLEADINGS – STRIKING OUT – whether pleadings disclose a viable cause of action.

To read more, please click here.

Legislation

Queensland

Regulations

No 193: Plant Protection Amendment Regulation (No. 6) 2013 of the Plant Protection Act 1989 – 04-10-13

No 194: Rural and Regional Adjustment Amendment Regulation (No. 6) 2013 of the Rural and Regional Adjustment Act 1994 – 04-10-13

No 195: Petroleum and Gas (Production and Safety) Amendment Regulation (No. 1) 2013 – 04-10-13 Petroleum and Gas (Production and Safety) Act 2004

No 197:  Sustainable Planning Amendment Regulation (No. 6) 2013 – 11-10-2013

Sustainable Planning Act 2009 – Amendment of sch 4 (Development that cannot be declared to be development of a particular type—Act, section 232(2)); Amendment of schedule 5 (Applicable codes, laws, policies and prescribed matters for particular development); Amendment of sch 7 (Referral agencies and their jurisdictions)

Bills Updated

Local Government and Other Legislation Amendment Bill 2013 – Introduced on 20/08/2013 – Stage reached: Report from Committee on 9/10/2013

Nature Conservation and Other Legislation Amendment Bill (No. 2) 2013 – Introduced on 20/08/2013 – Stage reached: Report from Committee on 9/10/2013

Current reprints

Plant Protection Regulation 2002 4 October 2013

Radiation Safety Regulation 2010 1 October 2013

Rural and Regional Adjustment Regulation 2011 4 October 2013

State Penalties Enforcement Regulation 2000 4 October 2013

Petroleum and Gas (Production and Safety) Regulation 2004 4 October 2013

Sustainable Planning Regulation 2009 11 October 2013

To read more, 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