The Property Mill Queensland – 8 October 2014

October, 2014

In the Media

Energy Green Paper setting policy direction for an energy superpower
The Australian Government has released an Energy Green Paper, which sets a framework for the development of a coherent and comprehensive blueprint that will allow Australia to take full advantage of its natural strengths and consolidate its position as an energy superpower, Minister for Industry Ian Macfarlane said (23 September 2014)

To read more, please click here.

Annual carbon subsidy ‘up to $39bn’
Australia’s polluting energy sector benefits from an annual subsidy of $14-39 billion from the unpriced cost of climate damages on economic growth, environmental systems, health, and security, finds new analysis by The Climate Institute (23 September 2014)

To read more, please click here.

Sea level rises will cost Australia billions: report

Future sea level rises could put more than $200 billion of Australian infrastructure at risk, a report by the Climate Council has found. The report showed sea levels were likely to rise by between 40 centimetres and one metre over the next century, with the gravest estimates creating an “impossible situation” for coastal communities (17 September 2014)

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Reserve Bank says rising housing risks warrant close observation
The RBA increases its focus on the risks of rising home prices, saying they warrant “close observation.” In the minutes from the recent September meeting, the bank’s board members paid particular attention to a strong rise in investment housing loans. The Reserve Bank says a continued rise in home prices would carry significant risks for the economy (16 September 2014)

To read more, please click here.

35-year plan for a healthier and more resilient Great Barrier Reef released
A new long-term sustainability plan to protect and manage the Great Barrier Reef for the next 35 years has been released for comment by the Australian and Queensland governments. Queensland Minister for Environment and Heritage Protection Andrew Powell said the Reef 2050 Long-Term Sustainability Plan satisfied a longstanding requirement by UNESCO (15 September 2014)

To read more, please click here.

ACCC not to take action to block TPG’s Fibre to the Basement network rollout
The ACCC does not intend to take any action to prevent TPG implementing its plans to connect large apartment buildings in metropolitan areas to its existing fibre networks and to use fibre-to-the-basement technology to supply high speed broadband services to residents of those buildings would be in breach of the ‘NBN level playing field provisions’ in the Telecommunications Act (11 September 2014)

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Queensland asset leasing would be trickery, unions say

In the June budget, the Government flagged private investment in Ergon and Energex distribution networks and Powerlink’s transmission infrastructure, the so-called poles and wires, to raise $28 billion. Treasurer Tim Nicholls today said feedback showed long-term leasing was more palatable for Queenslanders and would instead consider leases ranging from 50 to 99 years (17 September 2014)

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Wide Bay couple fined over planning court contempt
A Wide Bay couple has been fined for failing to comply with a Planning and Environment Court order.
The project had been approved but the approval lapsed. The Bundaberg council issued an enforcement notice to the couple but it was ignored (16 September 2014)

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Queensland Government responds to ‘People’s Plan’
Families across the state will be able to track the progress of the 30-year Queensland Plan and the delivery of key initiatives through an online whole of Government response (15 September 2014)

To read more, please click here.

Great Barrier Reef 35-year plan released
A new long-term sustainability plan to protect and manage the Great Barrier Reef for the next 35 years has been released for comment by the Australian and Queensland governments (14 September 2014)

To read more, please click here.

Published – articles, papers, reports

Reef 2050 long-term sustainability plan / Department of the Environment (Australia)

This plan is intended to guide the sustainability and management of the Great Barrier Reef, to continue efforts to protect species such as turtles and dugongs, and deal with key threats like poor water quality and crown-of-thorns starfish (15 September 2014)

To read more, please click here.

In practice and courts

REIA Fact Sheet on Changes to Franchising Laws
The Australian Parliament has passed the Competition and Consumer Amendment (Industry Code Penalties) Bill 2014. Fact Sheet on Changes to the Franchising Laws which will come into effect on 1 January 2015 REIA Fact Sheet on Changes to Franchising Laws – September 2014 (22 September 2014)

Energy Green Paper 2014: Consultation
Submissions to the Green Paper will close on 4 November and will inform the development of the Energy White Paper outlining the Government’s long term energy policy. The Green Paper and details on how to make a submission are available on the Department of Industry’s website at www.ewp.industry.gov.au. (23 September 2014)

Announcements, draft policies and plans

EDO Qld has produced fact-sheets to help explain the changes and what they will mean for you and your community. The facts sheets cover:

Community Appeal Rights
Loopholes
Transparency and Accessibility
Ecologically Sustainable Development
Submissions on the Bills are open until 26 September 2014
The Fire Protection Association of Queensland seminar series: AS 1851: 2012—Routine service of fire protection systems and equipment
The seminar sessions also include a presentation on the recent changes to the Queensland Development Code (QDC) Mandatory Part 6.1—Commissioning and maintenance of fire safety installations that commenced on 1 July 2014. The QDC now adopts AS 1851—2012 for the commissioning and ongoing maintenance of fire safety systems (September 2014)

Queensland Plan Bill introduced to parliament
The Queensland Plan provides a 30-year strategic vision for the future growth and prosperity of Queensland. The Bill has been referred to the Finance and Administration Committee, which is to report back to Parliament by 10 October. More information can be found here.

Cases

Mazzoni Plant Hire Pty Ltd v HBU Holdings Pty Ltd & Ors [2014] QSC 228
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where both the applicant and first/second respondent own a 50% shareholding in the third respondent – where the third respondent was established to purchase and develop land at Mackay – where a dispute arose as to the financing of the project – whether this dispute was a “continuing unresolved dispute in relation to the management of the company” to trigger the deadlock provisions of the shareholders agreement – whether the first/second respondent served a valid transfer notice on the applicant – whether the applicant is deemed to have accepted the transfer notice – whether the first/second respondent’s shareholding in the third respondent should be transferred to the applicant according to the transfer notice.

To read more, please click here. 

Altitude Corporation Pty Ltd v Isaac Regional Council (No 2) [2014] QPEC 055
PLANNING AND ENVIRONMENT – COSTS – whether the respondent/council should pay the costs of the successful applicant/appellant – whether respondent/council although unsuccessful in the case had reasonable prospects of success and acted reasonably – whether opinions of the expert town planner engaged by the council were supportable – whether the council unreasonably refused settlement offer

To read more, please click here. 

Cornerstone Properties Pty Ltd v Crisp-Air Pty Ltd (in liquidation) [2014] QDC 193
PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS – Where plaintiff granted leave to file further submissions after trial – where plaintiff applied to re-open its case and time for filing submissions extended pending the application – where defendant in voluntary creditors’ winding up before application to re-open decided – where application to re-open dismissed – where plaintiff has not sought leave of Supreme Court to proceed – where liquidator seeks orders designed to progress proceeding to judgment – whether orders can be made

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Drivas Lakes P/L v Savage [2014] QDC 188
APPEAL – REHEARING – BREACH OF CONTRACT – ASSESSMENT OF DAMAGES – LANDLORD AND TENANT – where lessor breached contract for agreement to lease dress shop premises – where lessee leased other premises requiring fit-out – whether cost of capital items in fit-out recoverable – whether need for items of fit-out was caused by the breach – where trading interrupted due to breach – where loss of turnover and revenue due to interrupted trading – where no claim for loss of profit – whether proper to allow damages for reduced turnover and revenue in absence of claim for loss of profit – where other premises had extra space and higher rent – whether claim for extra cost of rent for a second two year term was proper component of loss

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Sherman v Condon [2014] QDC 189
TORTS – TRESPASS – TRESPASS TO LAND AND RIGHTS OF REAL PROPERTY – application to restrain trespass to land – where an actual, threatened or apprehended trespass may be restrained – where trespass relied upon by the applicant is a past and completed occurrence rather than a continuing one – whether any threatened or apprehended trespass is established to warrant restraint – where respondent is already subject to a Peace and Good Behaviour order in relation to the applicant, including a restraint on entry to the land – whether further restraint would be warranted as an exercise of discretion
PROCEDURE – INFERIOR COURTS – QUEENSLAND – DISTRICT COURTS – CIVIL JURISDICTION – PRACTICE – OTHER MATTERS – where applicants forwarded supplementary written submissions to
Court – where no leave was granted to file any further submissions – where supplementary submissions were apparently forwarded without any reference to or knowledge of the respondent – whether relisting of the matter on notice to the respondent is required

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Naidu v Brisbane City Council [2014] QCAT 420
ADMINISTRATIVE REVIEW – where Declared dangerous dog – whether proper grounds for Destruction Order – whether reasonable belief that dog attacked another animal – where no direct evidence of attack by Declared dangerous dog – where natural justice applies to Tribunal proceedings – whether contravention of prescribed conditions and compliance notice is separate grounds for destruction of dog – where contravention relates to offence provisions
Briginshaw v. Briginshaw (1938) 60 CLR 336 Gala v. Fraser Coast Regional Council [2010] QCAT 576 Lee v. Brisbane City Council (No. 2) [2012] QCATA 64 R v. War Pensions Entitlement Appeal Tribunal (1933) 50 CLR 228

To read more, please click here.

Legislation

Acts

Energy Efficiency Opportunities (Repeal) Act No 97 of 2014
An Act to repeal the Energy Efficiency Opportunities Act 2006, and for related purposes
Originating Bill: Energy Efficiency Opportunities (Repeal) Bill 2014
Registered 15 September 2014 Date of Assent 11 September 2014
http://www.comlaw.gov.au/Details/C2014A00097

Legislative Instruments

Minerals Resource Rent Tax Repeal and Other Measures Commencement Proclamation 2014
This proclamation provides for the commencement of Schedules 1 to 5 of the Minerals Resource Rent Tax Repeal and Other Measures Act 2014 (22 September 2014)

Bills Progress

Water Legislation (Miscellaneous Provisions) Amendment Bill 2014
Introduced on 3/06/2014 Stage reached: PASSED on 11/09/2014 Exp Note

Water Reform and Other Legislation Amendment Bill 2014
Introduced on 11/09/2014 Stage reached: Referred to Committee on 11/09/2014

Electricity Competition and Protection Legislation Amendment Bill 2014
Introduced on 20/05/2014 Stage reached: PASSED with amendment on 10/09/2014

National Energy Retail Law (Queensland) Bill 2014
Introduced on 20/05/2014 Stage reached: PASSED with amendment on 10/09/2014

Mineral and Energy Resources (Common Provisions) Bill 2014
Introduced on 5/06/2014 Stage reached: PASSED with amendment on 9/09/2014

Disaster Management Amendment Bill 2014
Introduced on 9/09/2014 Stage reached: Referred to Committee on 9/09/2014

Queensland Heritage and Other Legislation Amendment Bill 2014
Introduced on 9/09/2014 Stage reached: Referred to Committee on 9/09/2014 Exp Note

Land Sales and Other Legislation Amendment Bill 2014
Introduced on 3/06/2014 Stage reached: PASSED with amendment on 9/09/2014 Exp Note

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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