The Property Mill Queensland – April 23 2015

April, 2015

In the Media

Abbot Point expansion makes world’s most controversial projects list

The Abbot Point port expansion has been ranked as 2014’s third most controversial project, by the RepRisk Most Controversial Projects report, which  focuses on environmental, social and corporate governance risks of companies involved in projects such as mines, ports and factories (08 April 2015)

To read more, please click here.

GBCA partners with GBIG, GRESB

The GBCA has formed partnerships with the Green Building Information Gateway and Global Real Estate Sustainability Benchmark to progress Australia’s green building industry. The GBCA said its partnership with the US-based GBIG, would showcase Australia’s green building capabilities to global investors and decision-makers (31 March 2015)

To read more, please click here.

Queensland

Gold Coast accommodation providers called to action for GC2018

Gold Coast accommodation operators will learn about opportunities surrounding the Gold Coast 2018 Commonwealth Games at information sessions hosted by GOLDOC this week (11 April 2015)

To read more, please click here.

A massive pipeline of infrastructure projects to reignite property market

Research put out by market analyst and Propertyology managing director Simon Pressley found 37 major infrastructure projects worth “a staggering” $123 billion had been put on the table in Queensland (11 April 2015)

To read more, please click here.

Wickham Park precinct the latest focus for BCC

The latest in this suite of plans is the Wickham Park Precinct Plan, is part of Council’s commitment to revitalising under-utilised spaces in Brisbane’s city centre. The precinct is the gateway between the CBD and Spring Hill and includes a number of heritage sites including The Old Windmill and Spring Hill Reservoirs (08 April 2015)

To read more, please click here.

Power switch turned on for gas industry in the Surat

Queensland’s gas industry has achieved another milestone with the first section of a new high voltage transmission line supply now powering gas processing facilities in the North West Surat (01 April 2015)

To read more, please click here.

New governance for the Commonwealth Games

Minister for the Commonwealth Games, Kate Jones, today announced new measures to ensure the Gold Coast 2018 Commonwealth Games are delivered on time and for the benefit of Queenslanders, Gold Coast residents, businesses and industry (31 April 2015)

To read more, please click here.

Published – articles, papers, reports

2012–13 Local Government National Report
The 2012–13 Local Government National Report provides an overview of Australian Government financial assistance to local government bodies, including through the Financial Assistance Grants programme (02 April 2015)

To read more, please click here.

The great Australian lockout: inequality in the housing market
The Australia Institute: Molly Johnson, David Baker
Home ownership rates in Australia are falling across all age groups, most significantly for people in their 50’s (30 March 2015)

To read more, please click here.

In practice and courts

Announcements, Draft Policies and Plans released 2015

BCC Wickham Park precinct plan  
The latest in this suite of plans is the Wickham Park Precinct Plan, which comprises Wickham Park, Emma Miller Place and Observatory Park, as part of Council’s commitment to revitalising under-utilised spaces in Brisbane’s city centre. More information on the Wickham Park Precinct Plan can be found here, or interested parties can register for updates by emailing the City Centre Master Plan team (April 2015)

To read more, please click here. To register for updates, please email the City Centre Master Plan here.

BCC City Plan 2000 Applications

Landowners have until 30 June 2015 to lodge applications under the superseded Brisbane City Plan 2000.To view the superseded Brisbane City Plan 2000, please click here. To view the Brisbane City Plan 2014, please click here. More information about applying under Brisbane City Plan 2000 can be found here. (April 2015)

BCC Draft City Centre Neighbourhood Plan consultation

The Plan has been provided to the State Government for their interest check and will be open for community and stakeholder consultation following this process.  The Plan includes five precincts, which outline provisions for new development.

To read more about the plan, please click here.

Cases

Northern SEQ Distributor-Retailer Authority t/as Unitywater v Stockland North Lakes Development Pty Ltd & Anor (No 2) [2015] QSC 073

PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – where plaintiff was substantially successful but failed on a specific question in the proceedings – where the specific question on which the plaintiff failed was not a “subsidiary point” but had the practical consequence of determining whether a large sum was presently due and payable – whether costs otherwise recoverable by the plaintiffs should be reduced – whether a substantially successful party which fails on an issue should be deprived of some of its costs
PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – CO-DEFENDANTS – plaintiff substantially successful but failed on a specific question in the proceedings – where the first defendant argued it should pay no more than 50 per cent of the plaintiff’s costs and 60 per cent of the second defendant’s costs – where the plaintiff was substantially successful and awarded 90 per cent of its costs – where the second defendant’s original pleading could not have materially affected the course of the litigation and was awarded its costs
PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – where the plaintiff was substantially successful but failed on a specific question in the proceedings – question on which the plaintiff failed was not a “subsidiary point” but had the consequence of determining whether a large sum was presently due and payable – whether costs otherwise recoverable by the plaintiff should be reduced – whether a substantially successful party which fails on an issue should be deprived of some of its costs – where the first defendant submitted there should be no order as to costs in relation to the plaintiff’s interlocutory application – where commencement by application rather than by claim was not so unreasonable as to deprive the substantially successful plaintiff of its costs

To read the case, please click here.

Brisbane City Council v Brook [2015] QPEC 010

ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – RESIDENTAL – DWELLINGS AND HOUSES – where the use of the premises involves one residential building containing two dwellings – whether it was lawful to use the premises as a “House” – whether the use of the premises was for a “Multi-unit dwelling”

To read the case, please click here.

Australian Society for Kangaroos Inc v The Chief Executive of the Department Environment and Heritage Protection & Anor [2015] QSC 067

ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the applicant seeks judicial review of five damage mitigation permits granted by the second respondent – where the damage mitigation permits were granted by the second defendant in his capacity as authorised delegate of the first defendant – where the applicant sought to have each of the damage mitigation permits quashed or set aside – where an application was filed outside the required time limits prescribed by s 26 of the Judicial Review Act 1991 (Qld) – whether the respondent can seek an extension of time for filing an application for a statutory order of review in regards to a particular permit – whether the decisions in granting the damage mitigation permits contravened any Act

To read the case, please click here.

Legislation

Bills

Local Government and Other Legislation Amendment Bill 2015

Legislative Assembly 27/3/2015 Referred to standing committee. This Bill is for an Act to amend the Heavy Vehicle National Law Act 2012, the Local Government Electoral Act 2011 and the Queensland Reconstruction Authority Act 2011.

To access the legislation, please click here.

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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