In the media – National
PCA: Infrastructure boost needs to lead to plans for
great cities
The Property Council has heralded the big infrastructure
boost confirmed in today's Federal Budget but called for this
to be leveraged into a stronger plan to create great cities and
support a growing Australia (08 May 2018).
More...
Australia's green building floor space has
boomed
In 2006 less than one per cent of Sydney and
Melbourne's CBD commercial floorspace was certified green.
Twelve years later we're sitting at 46 per cent for Sydney and
28.8 per cent for Melbourne (03 May 2018).
More...
In the media – Victoria
Cultural River Precinct Structure Plan
Community input is being sought to help shape future land
use, open space and development of the Cultural River Precinct
– a corridor of the Yarra River between Bulleen Park and
Banyule (10 May 2018).
More...
Developer pleads guilty to illegal demolition of
historic Melbourne pub
A Melbourne developer admits his company demolished a
160-year-old pub without a permit, while the co-director of the
company prepares to fight the charges (10 May 2018).
More...
Creating jobs with Social Procurement
The Victorian Social Procurement Framework was launched
last month as a practical initiative to support social and
sustainable outcomes through Government procurement of goods and
services. Victoria has a successful track record of leveraging its
spend on major projects, including Level Crossing Removals, the
Metro Tunnel, and the Westgate Tunnel to deliver social and
sustainable outcomes (09 May 2018).
More...
Community's Plans for Jacksons Hill a step
closer
Member for Sunbury Josh Bull announced today that the
Andrews Labor Government will buy the former Victoria University
campus, paving the way for a major redevelopment complete with open
space and education opportunities. The draft Jacksons Hill Master
Plan was released late last year following community consultation.
The final master plan will be released in the coming months (03 May
2018).
More...
Australia enters age of timber buildings as first CLT
Plant fires up
Building material manufacturer XLam has set the pace for
a timber revolution in Australian construction, with production
officially under way at their newly opened Cross Laminated Timber
plant in Wodonga. The $25 million project was originally conceived
to fill a gap in the industry responding to the demand for a
sustainable, easy-to-use and fast building solution (03 May 2018).
More...
A better planning system and safer buildings
Reforms to planning will make it easier to build or
renovate a home, prevent deadly cladding fires and ensure
Victoria's apartments are built to the highest standards of
quality. The Victorian Budget 2018/19 includes $14.7 million to
slash red tape and get new homes and renovations finished faster by
putting an end to protracted permit applications for simple
projects (01 May 2018).
More...
Protecting our environment for our future
The Victorian Budget 2018/19 provides $70.6 million for
Parks Victoria, to improve the management of our state's
extensive public parks network, and the services. 1 million will go
towards our fight against climate change, ensuring critical
emissions reduction targets are met across government sectors
including electricity, land, industry, agriculture and transport
(01 May 2018).
More...
Solar farm boom leading the bust in prime agricultural
land use
Farmers are concerned that upgraded agricultural land in
the Murray-Darling is set to become solar farms under a Victorian
planning policy vacuum (01 May 2018).
More...
Safe and secure: protecting Victoria's water
supply
Victorian communities will be able to rely on a safe and
secure water supply, with new infrastructure and efficiency
programs for farmers, households and businesses. The Victorian
Budget 2018/19 includes $65 million to provide water security for
communities across the state, build irrigation and water supply
infrastructure (01 May 2018).
More...
Water security for East Grampians farming
communities
Water is set to flow to rural farms and properties in the
East Grampians region, thanks to a multi-million-dollar investment
in a new pipeline from the Andrews Labor Government. The $32
million to fund Victoria's share of the $85.2 million East
Grampians Water Supply Project, will build 1,600 kilometres of
stock and domestic pipeline for up to 530,000 hectares of land in
the Grampians region (30 April 2018).
More...
In the media – New South Wales
NSW successfully calls for national report on liability
for rectifying unsafe aluminium cladding
The NSW Government has successfully called for a national
report to examine who is liable for having unsafe cladding
rectified on buildings, Minister for Better Regulation Matt Kean
said. NSW is leading the nation to address the issue of who should
pay for rectification work, if it's required, and what existing
remedies are in place for affected building owners (27 April 2018).
More...
In the media – Queensland
Resident wins appeal against Sunland's Brisbane
skyscrapers
Sunland's controversial "Grace on
Coronation" development in Brisbane's inner west has hit
yet another roadblock, with a neighbouring resident winning an
appeal against the approval of the three-tower development (10 May
2018).
More...
Developer lodges plans for 'Ultra High-End'
Tower in Broadbeach
Brisbane real estate director John Kubatov has lodged
plans with Gold Coast City Council for what would be the tallest
residential building in Broadbeach (10 May 2018).
More...
In Practice and Courts
CER: April Large-scale Renewable Energy Target market data now available
Queensland Consultations
Developer donations bill reintroduced to
parliament
The Queensland Government has re-introduced legislation
to ban donations from property developers to state and local
government candidates. After previous legislation lapsed with the
dissolution of the last parliament, the Government has reintroduced
its Bill as the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018.
Reforms contained within the Bill are expected to be applied
retrospectively from 12 October 2017, when the first Bill was
introduced.
Cases
Victoria
Sivano v
Yarra Ranges SC [2018] VCAT
691
Existing use rights; application for review of refusal to
grant certificate of compliance; 97P of the Planning and
Environment Act 1987; Use of land for two dwellings; Clause
63.11 and clear and unambiguous written direction; calculation of
15 year period; determination of relevant application or
proceeding.
Houri v
Moreland CC [2018] VCAT 712
Application under section 120 Victorian Civil and
Administrative Tribunal Act 1998 to reopen order – reason for
non-attendance must be reasonable.
Aboriginal Evangelical Fellowship Australia Inc v
Aboriginal Evangelical Church Inc & Ors
[2018] VSC 208
INJUNCTION – Interlocutory – Application to
restrain registered proprietor of land held on trust for the
plaintiff from selling or dealing with the land – Prima facie
case that land held on express trust, alternatively a resulting or
constructive trust – Balance of convenience in favour of
restraint by injunction – Australian Broadcasting
Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57;
Bradto Pty Ltd v State of Victoria; Tymbook Pty Ltd v State of
Victoria [2006] VSCA 89; (2006) 15 VR 65.
TRUST AND TRUSTEES – Express trust – Creation –
Intention to create trust – Transfer of real property to
first defendant to be held on trust for plaintiff –
Requirements of writing – Fraud exception –
Schweitzer v Schweitzer [2012] VSCA 260 referred to.
RESULTING TRUST – Transfer of real property to first
defendant – Absence of valuable consideration – No
presumption of advancement – House v Caffyn [1921]
ArgusLawRp 131; [1922] VLR 67; Wirth v Wirth [1956] HCA
71; (1956) 98 CLR 228; Re Association for Visual Impairment The
Homeless and The Destitute Inc. (in liquidation) (No 2) [2014]
VSC 183, referred to.
Queensland
Sunland Group Limited & Sunland Developments No 22 Pty
Ltd v Gold Coast City Council [2018] QPEC
022
PLANNING AND ENVIRONMENT – APPLICATION –
DETERMINATION OF AN ISSUE AT A PRELIMINARY STAGE OF PROCEEDING
– where council gave a document that purported to be an
infrastructure charges notice – where the document included a
section entitled information notice – where the text in the
information notice contained no findings of fact and did not refer
to material on which the findings were based – whether the
information notice contained reasons for the purpose of s.37 of the
Sustainable Planning Act 2009 – whether the failure
to give reasons resulted in invalidity of the infrastructure
charges notice – whether the court has power to make a
declaration about the validity of an infrastructure charges notice
– whether discretionary considerations warrant refusal of the
application for declarations.
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.