The Property Mill – Queensland – 24 September 2013

September, 2013

In the media

Australian real estate leads in sustainability

The Global Real Estate Sustainability Benchmark 2013 Report released last week in Amsterdam, indicates Australia is leading the charge in the global real estate sector’s bid to reduce its environmental impact (16 September 2013)

To read more, please click here.

Toxic waste threatens over 150,000 Australian sites

Australia has more than 150,000 sites that are potentially contaminated with toxic waste, and experts say that only a tiny fraction of them are being cleaned up to remove the risk to human health (16 September 2013)

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Federal Court makes interim declarations of anticompetitive agreements

The Federal Court has made interim declarations in the matter of ACCC v Cement Australia Pty Ltd & Ors, which involved numerous alleged breaches of the competition provisions of the then Trade Practices Act 1974. The matter relates to contracts which were entered into with four power stations located in SE Queensland between 2002 and 2006 to acquire flyash (12 September 2013)

To read more, please click here.

ASFA: SMSF property spruikers need regulation

Property marketers who try to incentivise self-managed superannuation fund (SMSF) customers with overseas holidays should be bound by the same regulations as other financial advice providers, an industry body believes (12 September 2013)

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New solar rebate, clean energy research cuts in $300m trim of Direct Action climate policy

The new Coalition Government has reduced the amount of money it is spending on its Direct Action carbon reduction plan by more than $300 million (11 September 2013)

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New Coalition Government to cut climate schemes

The new coalition government is moving ahead with a plan to consolidate 33 climate change schemes. Under the plan, all climate programs will be run under the Department of the Environment and the Department of Resources and Energy, with the coalition expecting to see $7 million in savings this financial year (11 September 2013)

To read more, please click here.

Clean Energy Finance Corporation to be axed by incoming government

Australia’s $10 billion green bank facing shutdown, has funded $560 million worth of loans investing in technologies like solar panels and wind farms and led to $1.6 billion in private sector investment through co-financing schemes (11 September 2013)

To read more, please click here.

Red Energy pays infringement notices for misleading consumers in telemarketing calls

Red Energy Pty Ltd has paid four infringement notices totalling $26,400 and provided a court enforceable undertaking to the ACCC it will publish a corrective notice and a link to the Australian Energy Regulator’s price comparator website Energy Made Easy on the homepage of its website (03 September 2013)

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Solar Farm banks on clean energy funds

The Clean Energy Council Chief Executive congratulates the companies involved with the Royalla Solar Farm on the news that the project has successfully attracted financial backing through ANZ and National Australia Bank (03 September 2013)

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A new standard for managing Australia’s forests

Australia’s forest management newly revised Australian Standard for forest management (AS4708–2013) strengthens forest managers’ responsibilities in relation to social, cultural and public participation requirements (03 September 2013)

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Quirk unveils revised 20-year plan for Brisbane’s CBD

Brisbane Lord Mayor Graham Quirk wants longer trading hours and a greater focus on entertainment venues to improve the vibrancy of the central business district. Councillor Quirk launched the revised City Centre Master Plan at City Hall on 17 September (17 September 2013)

To read more, please click here.

Thousands of Qld farmers claim rent relief

Struggling Queensland farmers have claimed more than $1.8 million in state rent relief, with more than 2000 primary produces in drought-declared shires have received rental rebates for state land leases since the scheme was introduced in May (17 September 2013)

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Conservationists fear Bounty Mining coal mine could destroy Great Barrier Reef

A landmark deal between Indigenous owners and a mining company for a coal mine on Cape York has prompted conservationists to warn of an impending environmental disaster (16 September 2013)

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Queensland uranium mining industry action plan released

Natural Resources and Mines Minister Andrew Cripps today released an action plan to implement a best practice regulatory framework for uranium mining in Queensland that will ensure the maintenance of strict environmental, safety and approval standards  (12 September 2013)

To read more, please click here.

Gold coast 10 year waterways strategy released

The draft Waterways Management Strategy released for community consideration this week, was developed by the Gold Coast Waterways Authority and includes suggestions on how best to spend the $35.3 million committed as part of the Marine Infrastructure Fund  (12 September 2013)

To read more, please click here.

Queensland’s electricity strategy paper released for comment

The Newman Government releases the 30 Year Electricity Strategy discussion paper, including the build-up of costs which are driving the unsustainable electricity price rises for public comment

(11 September 2013)

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Queensland Arrow CSG project given approval

 Queensland Coordinator-General Barry Broe has approved Arrow CSG (Australia) Pty Ltd’s $15 billion Liquefied Natural Gas (LNG) plant at Gladstone, with the released evaluation report on the Environmental Impact Statement (10 September 2013)

To read more, please click here.

One week for not-for-profit government land EOIs

Charities and not-for-profits (NFP) have less than a week left to express an interest in a program that allows for the potential development of surplus government land, the (GLASS) program, launched by the Premier last month (04 September 2013)

To read more, please click here.

Published – articles, papers, reports

Implications of the Coalition’s climate policy / Climate Institute

This short paper argues that the Coalition’s Climate policy remains unclear, and no independent analysis has shown that it can achieve substantial, absolute reductions in national emissions

(13 September 2013)

To read more, please click here.

Benefits of high-speed broadband for Australian households / DBCDE

This report examines the benefits to households of high speed broadband in 2020 when the use of digital tools will be widespread across the economy (04 September 2013)

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In practice and courts

Coalition Government Portfolio and Minister’s list 2013

The publication of the Prime Minister elect Tony Abbott’s first Ministry list and portfolios is listed here.  Tony Abbott Cabinet and Ministry: Full list(16 September 2013)

Greenhouse Conference 2013

The conference to be held 08-11 October 2013 in Adelaide, South Australia, will feature briefings on the contents of the IPCC 5th Assessment Report. The Working Group 1 (science). Dr Thomas Stocker (co-chair of IPCC’s Working Group 1) will be speaking at the conference

To read more, please click here.

Announcements, Draft Policies and Plans released 2013

SEQ Regional Plan: review reference groups announced

A Peer Review Panel and stakeholder reference groups have been formed to discuss regional issues and policy responses. The reference groups will focus on: Agriculture and Resources, Economic Development, Settlement Pattern and Urban Form, and Transport and Infrastructure. The new SEQ Regional Plan is expected to be completed by the end of 2014.  (11 September 2013)

To read more, please click here.

QCA:  Regulated Retail Electricity Prices 2014-15 released

The Authority is provided with a Delegation requiring it to determine regulated retail electricity prices (notified prices) for a three-year period from 1 July 2013 to 30 June 2016. The Authority is required to release a public consultation timetable by 20 September 2013 (13 September 2013)

To read more, please click here.

Cases

Filmana Pty Ltd & Ors v Tynan & Anor [2013] QCA 256

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SUMMARY JUDGMENT – where the respondents, as vendors, entered into a contract with the first appellant for the purchase of a dwelling house – where the respondents’ solicitors, alleging that the first appellant had repudiated the contract, purported to terminate the contract and forfeit the deposit – where the respondents were granted summary judgment “in respect of liability” pursuant to r 292 of the Uniform Civil Procedure Rules 1999 (Qld) with damages to be assessed – where the appellants submit that there was a triable issue as to whether the contract had been abandoned or replaced – where the appellants allege that the negotiations between the parties fell within the fourth category of Masters v Cameron – where the appellants submit that the primary judge was overly robust in applying the “no real prospect of success” test and that the complexity of the questions to be determined rendered summary judgment inappropriate – whether the primary judge erred in concluding that the appellants had no real prospect of successfully defending the issues of liability raised for determination – whether summary judgment was appropriate

GUARANTEE AND INDEMNITY – THE CONTRACT OF GUARANTEE – CONSTRUCTION AND EFFECT – GENERALLY – where the second and third appellants guaranteed the obligations of the first appellant under a contract for the purchase of a dwelling house – where the guarantee provided that the guarantor would be liable if the first appellant “breaches the Contract” – where the first appellant repudiated the contract by indicating that it would not perform an essential term – where the respondents accepted the repudiation and rescinded the contract for anticipatory breach – where the appellants submit that the guarantee was confined to “actual breaches of contractual terms” and did not extend to an anticipatory breach – whether the primary judge erred in construing the guarantee as extending to an anticipatory breach of contract amounting to a repudiation

GUARANTEE AND INDEMNITY – ACTIONS AGAINST SURETY – GENERALLY – NOTICE OF DEFAULT, DEMANDS, ETC – where the appellants submit that liability under the guarantee did not arise until the respondents made a demand on the guarantors identifying the quantum of the respondents’ loss – where the appellants submit that, where the extent of liability has not been quantified, the right to a demand should be implied as a matter of business efficacy – whether the primary judge erred in entering judgment against the second and third appellants when no demand for payment had been made under the guarantee

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – AMENDMENT – where the appellants sought leave to amend the notice of appeal to include a ground that the primary judge erred in entering judgments against the second and third appellants where there was neither a finding nor an admission that the respondents had suffered a loss due to the first appellant’s breach – where the argument was not raised at first instance – where the appellants submit that they should be permitted to rely upon the ground as the existence of loss is a necessary element of the respondents’ cause of action – where the appellants submit that this matter does not come within the principle of finality of litigation espoused in Coulton v Holcombe as it did not concern a trial – whether there would be significant prejudice to the respondents by allowing the amendment – whether leave should be given to amend the notice of appeal

To read more, please click here.

Cox & Ors v Brisbane City Council & Anor [2013] QPEC 044

Local government – Planning and environment – Proposed multi-unit dwelling for special needs housing in Character Residential Area – Need – Whether overdevelopment – Whether conflict with the planning scheme, including the LMR Code – GFA – Bulk and scale – Density – Site area – Open space provision – Setbacks – Whether local amenity compromised – Whether sufficient grounds to approve notwithstanding any conflict

To read more, please click here.

Legislation

Commonwealth

Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013

This determination covers the Greenhouse and Energy Minimum Standard requirements for air conditioners and heat pumps that are ordinarily supplied for personal, domestic or household use ( 06 September 2013)

To read more, please click here.

Queensland

Bills Progress

Energy and Water Legislation Amendment Bill 2013

Introduced by: M F McArdle MP on 5/06/2013

Stage reached: Passed with amendment on 11/09/2013 Bill and Exp Note

Agriculture and Forestry Legislation Amendment Bill 2013

Introduced on 21/05/2013 Stage reached: Passed on 10/09/2013

Treasury and Trade and Other Legislation Amendment Bill 2013

Introduced on 5/06/2013 Stage reached: Passed with amendment on 10/09/2013

Transport Legislation (Port Pilotage) Amendment Bill 2013

Introduced on 6/08/2013 Stage reached: Passed with amendment on 10/09/2013

Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2013

Introduced on 10/09/2013 Stage reached: Referred to Committee on 10/09/2013

Current reprints

Local Government (De-amalgamation Implementation) Regulation 2013 13 September 2013

Nature Conservation (Protected Areas Management) Regulation 2006 13 September 2013

Regulations

No 175:  Motor Racing Events Amendment Regulation (No. 2) 2013 – 06 September 2013 – Motor Racing Events Act 1990

No 176:  Building and Another Regulation Amendment Regulation (No. 1) 2013 – 06 September 2013 – To prescribe the Institute of Building Consultants (IBC) as an organisation for which membership is recognised for continuing professional development (CPD) for Pool Safety Inspectors (PSI)

No 177: Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 – 13 September 2013 – Commences 13/09/2013  – Amends Treasury Corporation of Victoria (Prescribed Agencies) (Amendment) Regulations 1994 to remove reference to ‘fresh elections’ and instead refer to ‘elections’ for the new local governments

No 178:  Nature Conservation (Protected Areas Management) Amendment Regulation (No. 2) 2013–  13 September 2013 – Commences 13/09/2013-   to amend Schedule 3 and Schedule 4 of the Nature Conservation (Protected Areas Management) Regulation 2006 to permit the uses within a part of the Hull River National Park, the Capricornia Cays National Park and the Molle Islands National Park

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

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