The Property Mill Queensland – 22 July 2015

July, 2015

In the media

Record-breaking building approvals to aid housing affordability

Building approvals continue their unbroken upward trajectory, hitting new records over the past 12 months, according to the latest data released 1 July from the ABS (01 July 2015).

To read more, please click here.

Green Star – Performance data to accelerate climate bond issuance in Australia

Australian property owners can now leverage Green Star – Performance data on greenhouse gas emissions to attract new sources of funds (29 June 2015).

To read more, please click here.

CEFC invests $125m in sustainable property trust

The Clean Energy Finance Corporation (CEFC) is committing up to $125 million in a $400 million trust which will invest in energy upgrades of ageing office stock (23 June 2015).

To read more, please click here.

Queensland

Townsville community to have a strong say on waterfront revitalisation

The Government announces the Townsville City Waterfront Priority Development Area is open for consultation. The PDA will transform of 97 hectares of waterfront land in Townsville’s city centre into a world-class precinct of apartments, retail and commercial facilities and public spaces (07 July 2015).

To read more, please click here.

Government awards construction contract for Gateway Upgrade North project

The $1.162 billion Gateway Upgrade North project has reached a significant milestone with the successful tenderer for design and construction announced today (26 July 2015).

To read more, please click here.

Moreton Bay new draft planning scheme approved for public consultation

Moreton Bay Region residents are being encouraged to find out more about the future of their region with the upcoming release of Moreton Bay Regional Council’s new draft planning scheme (24 June 2015).

To read more, please click here.

Cairns Esplanade used as asbestos dump 

Cairns’ iconic Esplanade was used as a dumping ground for asbestos 30 years ago — and the hazardous material is now starting to spill out on to the beach.  Demolition of several school buildings resulted in asbestos later used as landfill near the current location of Cairns Hospital’s helipad (22 June 2015).

To read more, please click here.

In practice and courts

Legal Changes to the CBD Program
Amendments to the Building Energy Efficiency Disclosure Act 2010 and its subordinate legislation will come into effect on 1 July 2015, introducing new categories of exception and exemption from disclosure obligations.

To read more, please click here.

Changes to Building Energy Efficiency Certificates
Amendments to the legislation have also resulted in a redesign of a BEEC.

To better understand how to read and utilise the new BEEC layout, please click here.

Announcements, Draft Policies and Plans released 2015

Consideration of planning bill deferred

On Thursday 25 June, Queensland Parliament’s Infrastructure, Planning and Natural Resources Committee (Committee) resolved to delay its consideration of the Planning and Development (Planning for Prosperity) Bill 2015, pending advice from the Committee of the Legislative Assembly. A reporting date of 13 October was initially established (25 June 2015).

To read more, please click here.

Department of Infrastructure, Local Government and Planning

Fee increase from 6 July 2015

From 6 July 2015, SARA fees for all new applications lodged with, or referred to SARA, will increase by 3.5% in line with CPI.

Increase in the value of a penalty units

The value of a penalty unit for most offences under state legislation will increase to $117.80 effective from 1 July 2015; and   the value of a local law penalty unit for most local governments will also increase to $117.80 effective from 1 July 2015 (Under the Penalties and Sentences Act 1992 (the Act)).

Cases

Arglen Pty Ltd v Jacarta Pty Ltd [2015] QDC 162

LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENT – CONSTRUCTION AND INTERPRETATION – where the plaintiff exercised its option under a retail shop lease to extend the lease term – where the plaintiff and defendant are in dispute as to the rent applicable to the premises for the extended term – where the lease provides a mechanism for rent review – where the defendant’s letter to the plaintiff did not constitute a valid notice pursuant to clause 3.3 of the lease – where the parties remain in dispute as to the quantum of rent payable – where the Retail Shop Leases Act 1994 sets out a regime for parties who cannot agree – whether to make order for declaration that the plaintiff is entitled to negotiate the rent for the renewed term of the lease.

To read the case in full, please click here.

Delmason Pty Ltd ATF Libby Mason Trust v Body Corporate for The Crest on Bonney [2015] QCAT 209

BODY CORPORATE – COMPLEX DISPUTE – whether remedial action notice is valid – whether declaratory relief appropriate where no other final relief sought – whether final injunction ought be ordered – whether ancillary declarations ought to be ordered

Randall v Body Corporate for Runaway Cove Bayside CTS 25498 [2011] QCATA 10 Northbuild Construction Pty Ltd v Body Corporate for Harmony Broadwater [2015] QCAT 33 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 SCV Group Limited v Body Corporate for Parkview Gardens [2011] QCAT 299

To read the case in full, please click here.

ATB Morton Pty Ltd v Sentinel Property Group Pty Ltd [2015] QSC 180

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHETHER CONCLUDED CONTRACT – where the applicant sought to remove a caveat claiming an equitable interest in property being an unregistered option to purchase granted by the registered owner – whether the caveat removal application raised questions of fact for determination at a trial

EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – SERIOUS QUESTION TO BE TRIED – GENERALLY – where the applicant sought to remove a caveat claiming an equitable interest in property being an unregistered option to purchase granted by the registered owner – whether there was a serious question to be tried as to whether the exchange of correspondence between the parties constituted an enforceable contract – whether there was a serious question to be tried as to whether there had been an election by the respondent to forgo any rights to specific performance of the contract alleged by the conduct of its employees – whether the alleged unsuitability of the respondent’s undertaking as to damages justified removal of the caveat.

To read the case in full, please click here.

Contact Mills Oakley

For more information, please contact:

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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