The Property Mill Queensland – 9 October 2014

October, 2014

In the Media

A better Australia: Assistant Minister for Infrastructure and Regional Development

The Australian Government has proposed the $5 billion Asset Recycling Initiative and will provide incentive payments of 15 per cent of the sale price of privatised assets sold to state and territory governments, on the condition that the proceeds of such sales are reinvested in new productivity-enhancing infrastructure (07 October 2014)

To read more, please click here.

20 Million Trees programme launched

The Australian Government will work with the community to plant 20 million trees by 2020, to re-establish green corridors and urban forests and has four Strategic Objectives. The Australian Government has committed $50 million over four years to the 20 Million Trees Programme, with funding to commence from 2014-15 (02 October 2014)

To read more, please click here.

Report: real estate sector Australia’s “most aggressive” tax evader

A new report on tax evasion in Australia has singled out the property industry as the most “tax aggressive” sector, responsible for more than $1.5 billion in annual tax foregone (01 October 2014)

To read more, please click here.

Knight Frank launches Global Cities Report 2015

Sydney ranks fifth among 15 global cities in rental forecasts, says the Knight Frank Global Cities Report 2015, which forecasts the effect of 1.1 billion new city dwellers on the office market over the next five years (26 September 2014)

To read more, please click here.

Productivity Commission appointed watchdog for national water reforms

The Productivity Commission will be the new watchdog for water reform when the National Water Commission closes later this year. The commission’s role was also to audit progress in implementing the Murray-Darling Basin plan (25 September 2014)

To read more, please click here.

Abbot Point wetland strategy step closer

The Abbot Point Port and Wetland Strategy would pave the way for dredge material from port development to be used on land instead of disposed at sea, pending Commonwealth Government approval under the Environmental Protection and Biodiversity Conservation Action 1999, construction work on the onshore area will start in January 2015 (04 October 2014)

To read more, please click here.

Strong Choices Plan gets finishing touches

Queenslanders will see the Government’s finalised Strong Choices plan to pay down the State’s $80 billion debt through asset leases next week (04 October 2014)

To read more, please click here.

Boggo Road Gaol to be Reborn

Brisbane’s historic Boggo Road Gaol is set to be reborn under a $300 million redevelopment unveiled today. Calile Malouf Investments Pty Ltd, the creators and operators of the successful James Street Market in New Farm will be undertaking the redevelopment of the gaol, in consultation with Leighton Properties and the State Government (01 September 2014)

To read more, please click here.

Stanthorpe’s water supply secured for the future

Stanthorpe families and farmers will have access to a larger, more secure water supply after Queensland’s independent Coordinator-General approved the $76 million Emu Swamp Dam project. It will also provide an estimated $139 million injection into the State’s economy through construction and the operation of the dam and its pipelines (30 September 2014)

To read more, please click here.

Published – articles, papers, reports

Health, Wellbeing and Productivity in Offices: The Next Chapter for Green Building / World Green Building Council (WGBC)

The report finds a multitude of factors impact staff performance, health and satisfaction. These include air quality and lighting, views of nature and interior layout.The report underscores the role of green building in reducing absenteeism, a significant drain on business productivity. Sponsored by JLL, Lend Lease and Skanska (October 2014)

To read more, please click here.

Cases

JV Pub Group Pty Ltd v Red Carpet Real Estate Pty Ltd & Ors [2014] QSC 232
LANDLORD AND TENANT – RENEWALS AND OPTIONS – EXERCISE OF OPTION – VALIDITY OF EXERCISE – where the option lapsed as the time for exercising the option to renew the lease had expired – where the lessor by its agent gave notice by letter of the option date for renewal of the lease to the lessee referring to s 46 Retail Shop Leases Act 1994 (Qld) after the option lapsed – where the lessee purported to exercise the option for the renewal of the lease after the specified time for exercising the option had expired – where the parties disputed whether the exercise of the option was valid – whether the lessor’s agent’s letter constituted an offer to lease the premises on the same terms as if the option were exercised – whether the acceptance by the lessee of the offer in the letter resulted in an agreement to lease the premises. http://www.sclqld.org.au/caselaw/QSC/2014/232

Beachcomber Management Pty Ltd ATF Kafritsas Family Trust v Body Corporate for the Surfers Beachcomber [2014] QCAT 453
INTERIM INJUNCTION – whether balance of convenience to include financier in terms of injunction – where prejudice to body corporate manager from risk of financier appointing receiver in absence of terms satisfactory to financier – where no prejudice to body corporate – COSTS – whether body corporate acted reasonably in adopting adversarial position to terms by which it was not prejudiced – where use of resources disproportionate to application – where contrary to objects of Queensland Civil and Administrative Tribunal Act 2009 – whether costs in interests of justice. http://www.sclqld.org.au/caselaw/QCAT/2014/453

Orchid Avenue Realty Pty Ltd t/as Ray White Surfers Paradise v Chadwick & Anor [2014] QCAT 441
MINOR DEBT – COMMISSIONS OWING – where respondents executed an exclusive agency listing with applicant – where respondents purported to terminate exclusive agency agreement – where respondents sold the property during the exclusive agency agreement period – whether applicant entitled to commissions – amount entitled to – where applicant waivers entitlement to amount over jurisdictional limit. http://www.sclqld.org.au/caselaw/QCAT/2014/441

Legislation

Acts

Competition and Consumer Amendment (Industry Code Penalties) Act No 107 of 2014 An Act to amend the Competition and Consumer Act 2010, and for related purposes Originating Bill: Competition and Consumer Amendment (Industry Code Penalties) Bill 2014 (25 September 2014) Date of Assent 24 September 2014
http://www.comlaw.gov.au/Details/C2014A00107

Legislative Instruments

Queensland

Bills Updated

Electricity Competition and Protection Legislation Amendment Bill 2014
Assent Date: 26/09/2014 Act No: 48 of 2014 Commences: see Act for details

National Energy Retail Law (Queensland) Bill 2014
Assent Date: 26/09/2014 Act No: 49 of 2014 Commences: see Act for details

Land Sales and Other Legislation Amendment Bill 2014
Assent Date: 26/09/2014 Act No: 46 of 2014 Commences: see Act for details

Water Legislation (Miscellaneous Provisions) Amendment Bill 2014
Assent Date: 26/09/2014 Act No: 51 of 2014 Commences: Date of Assent

Mineral and Energy Resources (Common Provisions) Bill 2014
Assent Date: 26/09/2014 Act No: 47 of 2014 Commences: by Proclamation

Acts (26 September 2014)

No 46: Land Sales and Other Legislation Amendment Act 2014
No 47: Mineral and Energy Resources (Common Provisions) Act 2014
No 48: Electricity Competition and Protection Legislation Amendment Act 2014
No 49: National Energy Retail Law (Queensland) Act 2014
No 51: Water Legislation (Miscellaneous Provisions) Amendment Act 2014

Regulations

No 209 Proclamation commencing certain provisions of the State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 – 26 September 2014

No 210 State Development and Public Works Organisation Amendment Regulation (No. 2) 2014 – 26 September 2014- amends the State Development and Public Works Organisation Act 1971

No 214 Land Sales Amendment Regulation (No. 2) 2014 – 26 September 2014
amends the Land Sales Act 1984

No 220 G20 (Safety and Security) Regulation 2014 – 26 September 2014
Amends the G20 (Safety and Security) Act 2013

No 222 Proclamation commencing remaining provisions of the Environmental Offsets Act 2014 – 26 September 2014

No 223 Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2014 – 26 September 2014- amends the Forestry Act 1959, Nature Conservation Act 1992 and Recreation Areas Management Act 2006

No 224 Proclamation commencing certain provisions of the Safe Night Out Legislation Amendment Act 2014 – 26 September 2014

No 225 Safe Night Out Legislation Amendment Regulation (No. 1) 2014 – 26 September 2014
Amends the Liquor Act 1992, Police Powers and Responsibilities Act 2000, Queensland Civil and Administrative Tribunal Act 2009

No 226 Regional Planning Interests Amendment Regulation (No. 1) 2014 – 03 October 2014
Amends the Regional Planning Interests Act 2014

No 227 Revenue Legislation Amendment Regulation (No. 2) 2014 – 03 October 2014
Amends the Mineral Resources Act 1989; Petroleum and Gas (Production and Safety) Act 2004

No 230 Rural and Regional Adjustment Amendment Regulation (No. 7) 2014 – 03 October 2014
Amends the Rural and Regional Adjustment Act 1994

No 231 Water Amendment Regulation (No. 2) 2014 – 03 October 2014
Amends the Water Act 2000

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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