In the media – National
ACCC takes Energy Australia to court over sales
tactics
The ACCC is taking Federal Court action against EnergyAustralia
and its telemarketing company Bright Choice for alleged breaches of
the Australian Consumer Law (21 November 2014).
More...
China coal tariffs to go under FTA
China's recently installed coal tariffs will be removed within
two years under the Australia-China free trade agreement signed.
Tariffs on coal introduced last month – 6% on thermal coal
and 3% for coking coal – will also be removed or phased out
(18 November 2014).
More...
Property transactions finally hit the digital age under
PEXA
Known as Property Exchange
Australia Ltd (PEXA), the electronic clearing house went fully
live in New South Wales this week hooking-up the state to digitised
transactions, a milestone that follows earlier strong progress in
Victoria and Western Australia (12 November 2014).
More...
In the media – New South Wales
Simpler planning means more certainty
Minister for Planning Pru Goward has announced a suite of
improvements to how state significant development proposals are
processed, speeding up the State's planning system and
providing more certainty to communities and business (21 November
2014).
More...
ICAC: Edward Obeid Sr being prosecuted in regard to
misconduct over Circular Quay leases
Former NSW member of the Legislative Council, Edward Obeid Sr, is
being prosecuted for an offence of misconduct in public office for
actions he took to cause the Maritime Authority of NSW to deal
favourably with Circular Quay Restaurants Pty Ltd, regarding the
company's restaurant tenancies at Circular Quay (20 November
2014).
More...
Eco advocates call for a 20 per cent increase in urban
green space by 2020
A coalition of urban designers, landscape architects and other
organisations are calling for a 20 per cent increase in urban green
space by 2020 (14 November 2014).
More...
Certainty and clarity on coastal hazards
Mr Stokes said the NSW Government has now finalised stage one of
the coastal reform process and a new planning circular will ensure
councils take a consistent approach when notifying property owners
and buyers about present and future coastal hazards that may affect
their land (14 November 2014).
More...
Tough new planning penalties pass
Parliament
The Minister for Planning has welcomed legislation passing through
the NSW Upper House that gives the Land and Environment Court
stronger powers to punish developers that breach approval
conditions or damage the environment (13 November 2014).
More...
One Central Park demonstrates world class
design
The Urban Taskforce congratulates the developers of One Central
Park, Frasers Property and Sekisui House and the architects Jean
Nouvel with PTW for winning the Best Tall Building in the World
award (13 November 2014).
More...
Council joint organisations must centralise planning for
their region
The announcement by the NSW Minister for Local Government, Paul
Toole, of the five Joint Organisation pilots is an excellent
opportunity to take a more regional approach to planning, says the
Urban Taskforce (13 November 2014).
More...
In the media – Queensland
Rural areas to be briefed on Gladstone region's
proposed planning law changes
The Gladstone council says it will host a series of meetings in
rural parts of the shire, to discuss proposed changes to local
planning laws (18 November 2014).
More...
Historic agreements bring jobs to
Queensland
To build on the Galilee Basin Development Strategy, the
State Government announces they are now prepared to sign agreements
with Galilee Basin proponents who can demonstrate they will meet
the majority of the cost of providing rail, port and other
infrastructure (17 November 2014).
More...
Published – articles, papers, reports – National
China's Q3 growth affected by weak real estate and
heavy industrial investment
The Southern spring - Northern autumn edition of the Westpac-BREE
China Resources Quarterly (CRQ) has been released (13 November
2014).
More...
Residential Property Price Indexes: Eight Capital
Cities, Sep 2014
Australian Bureau of Statistics
Preliminary estimates show that the price index for residential
properties for the weighted average of the eight capital cities
rose 1.5% in the September quarter 2014. The index rose 9.1%
through the year to the September quarter 2014 (11 November 2014).
More...
In Practice and Courts - Victoria
EPA trial process: works approval guideline and
application checklist
EPA Victoria has developed an improved
works approval guideline and a new web-based
application checklist, as part of the major commitment of
EPA's
approvals reform project to simplify the application process
and proportional to the environmental risk. Submit feedback to approvals.applications@epa.vic.gov.au
until 21 November 2014.
Cases – Victoria
Salta Constructions Pty Ltd v St George Bank
[2014] VSCA 289
GUARANTEE – Obligation secured by mortgage – Whether
demand made under guarantee – Notice of default –
Whether notice of default constituted a demand for payment –
Whether demand required before mortgagee could apply proceeds of
sale of secured property in discharge of guarantor's liability.
More...
Heislers v Melbourne Water Corporation [2014]
VCAT 1399
Compulsory acquisition of easement as part of creation of water
pipe linking Melbourne to new desalination plant at Wonthaggi;
easement running parallel and just in from rear boundary of review
site; parties in dispute about quantum of compensation; follow up
costs decision. More...
Growthpoint Properties Australia Limited v Australia Pacific Airports (Melbourne) Pty Ltd [2014] VSC 556 LANDLORD AND TENANT – Construction of market rent review provisions – Whether market rent review is obligatory, or discretionary – Applicable principles of construction. More...
Southern Cross Capital Partners Pty Ltd v. Owners
Corporation No. PS 542645C [2014] VCC 1738
Lease – Two subdivided office suites – Suites adjoined
but had no dividing wall on the title boundary – Suites
separately owned but leased to a single tenant by two
"related" and "interdependent" leases –
Under each lease the tenant was obliged to undertake works at
termination – Works were "so that the premises are
returned to the landlord in a condition suitable to be used as an
office suites" – Whether termination works required the
suite to be divided from the adjoining suite. More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.