Property Archives | Page 16 of 21

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Council rates declared invalid by Supreme Court

In a landmark decision, the Queensland Supreme Court has declared that rates and charges levied by Fraser Coast Regional Council are invalid due to the failure of the Council to properly adopt the rates and charges levied. Implications Local governments must levy rates and charges in accordance with the Local Government Act 2009 (Act). […]

External cladding – how to manage an emerging problem

Over the past 10 to 15 years many buildings have been constructed using Aluminium Composite Panels (ACP). ACPs are frequently used in buildings because of the need to improve thermal or acoustic aspects of the design and also because the panels are a comparatively cheap building material to use. ACPs typically have on each side […]

How will the new GST withholding regime impact your development?

The ATO has released a draft of the legislation which will give effect to the proposed new GST withholding requirements for buyers in new developments announced by the Treasurer in this year’s budget speech. Partner Matthew Raven has produced this brief summary. Who is affected? The proposal will affect all developers of apartments and […]

Call for submissions on the Better Apartments Draft Design Standards

Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]

Court rescues landowner from oversight which results in lapsing of development approval

The Planning and Environment Court made a declaration that a development approval for residential purposes over land in Beerwah had lapsed and an order that the time for the making of a request to extend the relevant period of the development approval be extended. This decision was determined under the provisions of the now repealed […]

Fine imposed for disposing of asbestos without a valid environmental authority

Mr Wayne Wharton was convicted of 65 offences under the Environmental Protection Act 1994 and fined $25,000 and ordered to pay legal and investigation costs of around $3,000 by the Ipswich Magistrates Court for carrying out an environmentally relevant activity without a valid environmental authority. Implications It is an offence under section 426 of the […]

Rating of land – what happens when there is no applicable rating category

In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]

Court dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling

In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]

Supreme Court declares landowner is required to pay outstanding infrastructure charges

In brief – The Supreme Court has dismissed an application by a landowner seeking a declaration that it was not liable to pay unpaid infrastructure charges by way of a rate notice it received as the owner of the land in relation to a development approval which was obtained and acted upon by a tenant. […]

Unfair contract terms

The Australian Competition and Consumer Commission (ACCC) has announced that it is taking waste management company JJ Richards to court over alleged breaches of the unfair contracts regime under the Australian Consumer Law [1] (ACL). The unfair contracts terms provisions of the ACL were extended to apply to standard form contracts involving small businesses from […]

Demolition of pre-1947 residential building refused

In brief – The Planning and Environment Court has refused a development application for a preliminary approval for building work to facilitate a demolition of a pre-1947 residential building at Albion, as the street in which it was located contained visual and traditional character and the demolition of the building would result in a loss […]

Jail time for subcontractor convicted of providing false information

In brief –The Magistrates Court has sentenced a man to two months’ imprisonment after being convicted of four offences under the Environmental Protection Act 1994, in a decision that demonstrates that courts will not shy away from prison time when dealing with the provision of false and misleading information. Key take outs It is […]