The Property Mill Queensland – 30 November 2015

November, 2015

In the Media

Carbon Neutral Program

The Carbon Neutral Program is a voluntary scheme which certifies products, business operations or events as carbon neutral against the Australian Government’s National Carbon Offset Standard (the Standard). Updated in November 2015, The Carbon Neutral Program Guidelines set out the rules for participation in the Program (24 November 2015).

To read more, please click here.

Statement on decision to prevent sale of S. Kidman & Co. Limited

Consistent with the recommendation from the Foreign Investment Review Board (FIRB), the acquisition by foreign investors of S. Kidman and Co. Limited sale will not proceed as currently proposed. One of Kidman’s stations, Anna Creek, is also the largest single property holding in Australia (20 November 2015).

To read more, please click here.

Reef Trust supports farm efficiency and water quality in the Burdekin

Through this latest project, the Government will provide $2.5 million to help sugarcane farmers improve nitrogen and irrigation management practices in the Burdekin region (18 November 2015).

To read more, please click here.

CEFC identifies potential to double Australian bioenergy sector in five years

Australia has the potential to double its bioenergy output over the next five years, developing a new energy source that will lower carbon emissions and provide an important energy from waste option for business and local government (12 November 2015).

To read more, please click here.

Australian Government backs low emissions vehicles

The Australian Government is providing incentives for Australians to purchase low emissions vehicles, as part of a new $50 million programme funded through the Clean Energy Finance Corporation (10 November 2015).

To read more, please click here.

Queensland

Brisbane’s troubled Airportlink sold for $2.8 billion less than construction cost

The big toll road operator Transurban has bought Brisbane’s troubled Airportlink roadway for $2 billion – almost 60 per cent less than the original $4.8 billion construction cost (23 November 2015).

To read more, please click here.

PCA: Brisbane’s Retail Transformation

Over the coming years, the Brisbane CBD stands to benefit from several key developments, including the upgrade of Edward and Albert Streets, the redevelopment of Howard Smith Wharves and the development of the Queen’s Wharf precinct (19 November 2015).

To read more, please click here.

EOI opens for new Queensland Urban Design Panel

Expressions of interest will soon be called for the newly created Queensland Urban Design and Places Panel announced this week. The Panel will have an advisory role, informing the Government about the design of major infrastructure and urban development projects across the State (16 November 2015).

To read more, please click here.

Queens Wharf Brisbane delivers – jobs, public spaces, dollars 

The lucrative final deal on the $3 billion Queen’s Wharf Brisbane development will deliver more than $1 billion to state coffers (16 November 2015).

To read more, please click here.

Rockhampton to become home to a $140 million new urban university village

Hundreds of jobs and development opportunities in the Rockhampton area are on the horizon with the announcement today the Palaszczuk Government is seeking a development partner to transform the CQ University (CQU) campus into a $140 million urban village (11 November 2015).

To read more, please click here.

Water laws to protect creeks, rivers and farmer’s rights 

Natural Resources and Mines Minister has introduced the Water Legislation Amendment Bill 2015 to replace the previous government’s proposed water legislation. This Bill will underpin the sustainable management of our precious water resources for all users – landholders, communities, the resources sector (10 November 2015).

To read more, please click here.

Published – articles, papers, reports

AER September 2015 Quarterly compliance report: National Electricity and Gas Laws

On 13 November 2015 the AER published its latest Quarterly compliance report: National Electricity and Gas Laws. The report summarises the AER’s compliance monitoring and enforcement activities in the wholesale electricity and gas markets during the July-September 2015 period.

To read the report, please click here.

In practice and courts

CER: Average price of $12.25 secures over 45 million tonnes of abatement at second auction

The Clean Energy Regulator has purchased over 45 million tonnes of abatement at an average price of $12.25 per tonne at the second Emissions Reduction Fund auction held on 4 and 5 November 2015 (12 November 2015).

For a summary of the Emissions Reduction Fund auction results, please click here.

For information on the contracts awarded, please click here.

Global domain for REITs launches from 17 November 2015

From this date real estate investment trusts around the world, will be able to register their domain name with .REIT in their internet addresses. This scheme will be operated and administered by the National Association of Real Estate Investment Trusts (NAREIT).

To read more, please click here.

Announcements, Draft Policies and Plans released 2015

Queensland Upper Condamine Alluvium groundwater purchase tender

Interested groundwater licence holders will have until 10 February 2016 to make an offer. Further information including Request for Tender document and application form will be made available when the tender opens on 30 November 2015 (11 November 2015).

To read more, please click here.

Consultation: Great Artesian Basin water resource plan

Released proposals are to be considered for a new plan for Queensland’s share of the Great Artesian Basin supporting town water supplies, irrigated agriculture, grazing and resource ventures. The current plan expires on 1 September 2016. Submissions close 20 November 2015.

To read more, please click here.

Cases

Re Williams Corporation Pty Ltd (in liq) & Hinchinbrook Resorts & Cruises Pty Ltd (in liq) [2015] QSC 324

CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF WINDING UP – APPLICATIONS TO COURT FOR DIRECTIONS OR ADVICE – where the applicant liquidators of two companies sought the court’s approval for entry into conditional contracts for the sale of the company assets nunc pro tunc and a declaration that the applicants’ entry into the contracts was not invalid by reason of having entered into the agreements without the court’s prior approval – where the assets included land over which the first company had granted leases and subleases and the contract was conditional upon the property being unencumbered by those leases – where the contract between the purchaser and the second company for the sale of its assets was subject to and conditional upon the contemporaneous completion of the contract between the same purchaser and the first company – where the applicants sought a direction under s 511 of the Corporations Act 2001 (Cth) that they would be justified in disclaiming leases and subleases granted by one company over the land to be sold – where that direction was resisted by a group of lessees of that land – whether the liquidators required the leave of the court to disclaim the leases – where the leases of land granted by the company in liquidation were contracts which could be disclaimed under s 568(1) and which were expressly exempted from the requirement for leave of the court under s 568(1A) – s 568(1A) qualifies the liquidator’s power to disclaim property which is conferred by s 568(1) but not where the subject of the disclaimer is an unprofitable contract or a lease of land – where the liquidators did not require the leave of the court to disclaim the leases – where it was conducive to the expeditious and beneficial administration of the winding up that the contracts be approved under s 477(2B) of the Corporations Act.

CORPORATIONS – WINDING UP – LIQUIDATORS – RIGHTS AND POWERS – IN VOLUNTARY WINDING UP – application by the liquidators of two companies seeking directions and approval of the court – where the liquidators sought the court’s approval for entry into conditional contracts for the sale of assets of the two companies nunc pro tunc and a declaration that the applicants’ entry into the contracts was not invalid for want of the court’s prior approval.

To read the full case, please click here.

Glenister v Palazzi & Anor [2015] QDC 281

CONVERSION –POSSESSION OR RIGHT TO POSSESSION –RIGHT TO POSSESSION –where chattels used by business operated on leased premises of the defendant –where plaintiff locked out of premises –whether plaintiff had immediate right to possession of chattels on the premises
LIMITATIONS OF ACTIONS –OTHER GENERAL MATTERS –whether action commenced outside the prescribed six year limitation period –whether action statute barred –where defence under the Limitation of Actions Act 1974 (Qld) not pleaded pursuant to r 150(1)(c) of the UCPR
SUMMARY JUDGMENT –where summary judgment not to be given due to expiration of limitation period where defence under the Limitation of Actions Act 1974 (Qld) not pleaded–where court not satisfied that the plaintiff has no real prospects of succeeding on all or part of the plaintiff’s claim –where application dismissed.

To read the full case, please click here.

Leacy v Sunshine Coast Regional Council (No. 2) [2015] QLC 39

Costs – principles to be applied – s 27 Acquisition of Land Act 1967 Costs – factors governing the exercise of discretion – where applicant successful in claim – whether claimants’ conduct of case increased costs of litigation – partial award of costs – Interest – principles to be applied on award of interest on compensation monies – s 28 Acquisition of Land Act – interest awarded.

To read the full case, please click here.

Legislation

Commonwealth

Statute Law Revision Bill (No. 3) 2015

A Bill for an Act to make various technical amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts (12 November 2015)

To read more, please click here.

Queensland

Subordinate legislation as made 

No 155 Water Reform and Other Legislation Amendment (Postponement) Regulation 2015 – 12 November 2015 – amends the Water Reform and Other Legislation Amendment Act 2014 – The period before automatic commencement, under the Acts Interpretation Act 1954, section 15DA(2), of the postponed law is extended to the end of 5 December 2016.

No 156 Sustainable Planning Amendment Regulation (No. 3) 2015 – 20 November 2015 – amends the Sustainable Planning Act 2009- Amendment of sch 7 (Referral agencies and their jurisdictions) and Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds).

No 159 Exotic Diseases in Animals (Asian Honey Bee) Repeal Notice 2015 – 20 November 2015 – amends the Exotic Diseases in Animals Act 1981.

Bills Updated 20 November 2015 

Sustainable Ports Development Bill 2015
Introduced on 3/06/2015 Passed with amendment on 12/11/2015
Assent Date: 20/11/2015 Act No: Act No. 28 of 2015
Commences: Date of Assent

See Explanatory Note here and the Act here.

Queensland Productivity Commission Bill 2015
Introduced on 15/09/2015 Passed with amendment on 12/11/2015
Assent Date: 20/11/2015 Act No: Act No. 29 of 2015
Commences: Date of Assent

See Bill here and the Act here.

Energy and Water Ombudsman Amendment Bill 2015
Introduced on 15/09/2015 Passed with amendment on 10/11/2015
Assent Date: 20/11/2015 Act No: Act No. 26 of 2015
Commences: see Act for details.

See Explanatory Note here and the Act here.

Local Government and Other Legislation Amendment Bill (No.2) 2015
Introduced on 17/09/2015 Passedon 10/11/2015
Assent Date: 20/11/2015 Act No: Act No. 25 of 2015
Commences: Date of Assent

See Explanatory Note here and the Act here.

Liquid Fuel Supply (Ethanol and Other Biofuels Mandate) Amendment Bill 2015
Introduced on 15/09/2015 Stage reached: Report from Committee on 17/11/2015

See the Bill here.

Water Legislation Amendment Bill 2015

Introduced on 10/11/2015 Referred to Committee on 10/11/2015
The objectives of the Bill are to align Water Reform and Other Legislation Amendment Act 2014 provisions with Government policy.

See the Bill 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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