The Property Mill Queensland – 10 February 2015

February, 2015

In the media

Solar power inquiry conducted by Senate to shine spotlight on complaints with retailers

A Senate inquiry is expected to hear from hundreds of Australians who have been hit with high costs and hidden fees after switching to solar power (27 January 2015)

To read more, please click here.

Queensland

Brisbane Airport’s $4 billion expansion plan gains federal approval

The Federal Government has approved a 20-year development plan for the Brisbane Airport precinct. The strategy includes construction of a parallel runway, a regional satellite facility, upgraded domestic and international terminal facilities, and improvements to transport networks (03 February 2015)

To read more, please click here.

Sunshine Coast council considers $90m Glenview water park proposal 

The Sunshine Coast Regional Council will consider an application to build one of the world’s largest surf pools at a water park and resort on Steve Irwin Way at Glenview (28 January 2015)

To read more, please click here.

IPA: Public operation of electricity grid costing Qld households up to $570 per year

The average Queensland household electricity bill would be 37 per cent lower – the equivalent of $570 per year – had Queensland’s network price growth mirrored that of privately run networks in Victoria and South Australia, according to a major report released today by peak business groups (22 January 2015)

To read more, please click here.

Senate Qld govt hearings in January

The inquiry has received 82 submissions, ranging from concerns about allegedly dodgy development approvals to union-busting activities and calls for a national anti-corruption body working along the lines of NSW’s Independent Commission Against Corruption. The inquiry will report on March 27 (22 January 2015

To read more, please click here.

Can Queensland be a stronger, more sustainable state?

According to the GBCA’s Chief Executive Officer, Queensland currently boasts 167 Green Star-rated buildings as well as the first Green Star-rated retail, industrial and education facilities in the country. (21 January 2015)

To read more, please click here.

Published – articles, papers, reports

Are there 27,000 jobs in the Galilee Basin / Rod Campbell, The Australia Institute
This paper disputes claims that the development of coal mines in Queensland’s Galilee Basin will create 27,000 jobs (27 January 2015)

To read more, please click here.

Climate change in Australia / Penny Whetton, CSIRO, Bureau of Meteorology
CSIRO and the Bureau of Meteorology have released climate change projections for Australia that provide updated national and regional information on how the climate may change to the end of the 21st century (27 January 2015)

To read more, please click here.

Consumer Price Index, Australia, December 2014 / Australian Bureau of Statistics
Movements in retail prices of goods and services commonly purchased by metropolitan households. The goods and services are divided into the following groups: food and non-alcoholic beverages; alcohol and tobacco; clothing and footwear; housing; furnishings, household equipment and services; health; transport; communication; recreation and culture; education; and insurance and financial services (27 January 2015)

To read more, please click here.

In practice and courts

Reef Trust Tender – Wet Tropics – Competitive Tender now open
The Competitive Tender is now open to those farmers who submitted an Expression of Interest. Registered sugar cane farmers who choose to participate further must submit a Tender Application by 19 February 2015. Successful Applicants will enter into Grant Contracts with Terrain NRM commencing April 2015

To read more, please click here.

National Electronic Conveyancing System factsheet
The Law Council of Australia has published a factsheet to update practitioners on recent developments on the National Electronic Conveyancing System (NECS).

To access the factsheet, please click here.

Announcements, Draft Policies and Plans released 2014

PCA submissions (January 2015)

A comprehensive outline of each of the six initiatives detailed over the past two weeks through our ElectionConnection member alerts can be found here:

Independent reviews of council planning laws
Regional plans with a purpose
Assistance for local governments in setting planning rules
Establishment of a tax reform advisory council
Fairness in local government rating systems
Consistency in fees and charges

Department of State Development, Infrastructure and Planning
A guideline for applications made under the Sustainable Planning Act 2009.

To find out more, please click here.

Cases

Ken Guy Real Estate Pty Ltd v Midgley [2015] QDC 001
EQUITY, BREACH OF FIDUCIARY DUTY: where plaintiff company sues for breach of contract and/or compensation for breach of fiduciary duty and/or an account of all monies received by the defendant in fraud of the plaintiff; where the plaintiff’s case is that at all material times the relationship between the parties was that of employer/employee; where the defendant alleges that he was in partnership with the plaintiff, and that the principal of the plaintiff agreed to him opening an office using the plaintiffs name from which he received substantial income; where defendant sues for underpayment of commission during the course of the partnership.
EQUITABLE REMEDIES: whether plaintiff is entitled to receive an account of all monies received by the defendant from operation of a business operated without the knowledge or consent of the plaintiff and in breach of the defendant’s fiduciary duty as employee to the plaintiff his employer

For more information, please click here.

Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 012
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – VAGUENESS AND UNCERTAINTY – UNCERTAIN PROMISES – where the parties entered into a memorandum of understanding or deed to facilitate the development a gas supply agreement – where the parties agreed to use their “reasonable endeavours to negotiate” – where the defendants claimed the agreement to negotiate was uncertain and unenforceable
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the parties entered into a memorandum of understanding or deed to facilitate the development a gas supply agreement

For more information, please click here.

Ecobikes Australasia Limited v ABC Pty Ltd [2014] QCAT 679
RETAIL SHOP LEASES – Application for interim injunction – whether arguable case – where notice to exercise option not given under s 46 of Retail Shop Leases Act 1994 – where written notice of exercise of option not given as required under lease
Duncan Properties Pty Ltd v Hunter [1991] 1 Qd R 101 JV Tub Group Pty Ltd v Red Carpet Real Estate Pty Ltd & Ors [2014] QSC 232 Topbeach Pty Ltd v Seafarer Investments Pty Ltd [2010] QSC 459

For more information, please click here.

Rawlings & Ors v Commissioner of State Revenue [2015] QCAT 010
DUTY – where duty assessed on transfer of land by trustees to beneficiaries – whether transfer of two lots, one to one set of beneficiaries and the other to another set of beneficiaries constituted substantially one arrangement requiring the transactions to be aggregated- where one agreement entered by all of the parties evidencing the transactions – where lots were used separately for residential purposes.
Attorney-General v Cohen (1937) 1 K.B. 478 Jeffrey v Commissioner of State Revenue [1980] 23 SAR 398 Old Reynella Village Pty ltd v Commissioner of State Revenue (SA) (1989) 51 SASR 378 Chief Commissioner of State revenue v pacific General Securities and Finimore Holdings Pty ltd (No. 2)(RD) [2005] NSWADTAP 54 Brianco Nominees Pty ltd v CSR [2008] VCAT 999 Camp Seabee Properties Pty Ltd v Commissioner of State Revenue [2014] QCAT 258

For more information, please click here.

Chief Executive, Department of Justice and Attorney-General v Grimsey [2015] QCAT 001
REAL ESTATE AGENT – DISCIPLINARY – where a person was acting as a real estate agent without a licence – where the son of a real estate agent carried on the business whilst not holding a licence or certificate of registration – where the person went on to act as a real estate agent in his own right without holding a licence or certificate of registration, and a receiver was appointed
Briginshaw v Briginshaw (1938) 60 CLR 366 Re Seidler [1986] 1 Qd R 486 Chief Executive, Department of Tourism, Racing and Fair Trading v Winn K.J. [2003] QCCCTPAMD 8 (13 November 2003) Chief Executive Department of Justice and Attorney General v Keyte [2012] QCAT 244 Chief Executive Department of Justice and Attorney-General v Hoppner [2014] QCAT 296

For more information, 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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