2017/2018 State and Federal Budgets: new and revised taxation measures

1. Proposed Vacant Residential Land Tax (VRLT) The Victorian Government recently announced a proposal for vacant residential land tax. These changes are contained within Part 4 of the State Taxation Acts Amendment Bill 2017 (Vic) (‘the Bill’) and will alter the Land Tax Act 2005 (Vic). The Bill is expected to be passed in June […]

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Developer left in the dark as builder garnishes $11 Million from developer’s bank account without notice

In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]

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Vacant Property Tax in Victoria

From 1 January 2018 a vacant residential property tax will be introduced in Victoria. The purpose of the tax is to discourage owners having properties vacant for a cumulative period longer than 6 months within a calendar year. The tax is limited geographically to properties located in the following Councils as highlighted in orange below: […]

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Local Government Update – Indemnities

Under section 60A of the Statutory Bodies Financial Arrangements Act 1982 (Qld) (SBFA), Councils must seek the approval of the Treasurer before entering into a “type 1 financial arrangement”, which includes granting an indemnity in favour of another party within a contract. However, on 6 January 2017, the process for Councils looking to provide an […]

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Is your planning scheme robust enough under the new planning framework?

It is less than 2 months before the commencement of the new planning framework in Queensland under the Planning Act 2016.   Assessable development Under the new planning framework, there are 2 categories of assessment for assessable development, namely code and impact assessment.   Code and impact assessment The Planning Act requires the following: Code […]

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Development Assessment Rules

In anticipation of the commencement of the Planning Act 2016 on 3 July 2017, the Department of Infrastructure, Local Government and Planning has released the Development Assessment Rules. The Development Assessment Rules is a statutory instrument made by the Minister under the Planning Act. It is one of the key instruments under the new planning framework […]

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Request to change a development approval up in flames

The Planning and Environment Court delivered a decision in the case of Lipoma Pty Ltd v Minister for State Development & Ipswich City Council [2017] QPEC 6 which involved the Ipswich City Council making an application to the Court seeking declarations that:  the Minister was not the correct responsible entity pursuant to section 369 of […]

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Poor standard of visual amenity on Gympie Road no justification for oversized sign

The Planning and Environment Court in Australian Leisure and Hospitality Group Pty Ltd v Moreton Bay Regional Council [2017] QPEC 8 dismissed an appeal by the Australian Leisure and Hospitality Group Pty Ltd against Moreton Bay Regional Council’s refusal of its development application for a development permit for the installation of an advertising sign along […]

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Centres hierarchy is the central plank underpinning the future planning and development of City of Townsville

The Planning and Environment Court delivered a decision in the case of McConaghy Properties Pty Ltd v Townsville City Council & Anor [2017] QPEC 11 which involved a submitter’s appeal against a decision of the Townsville City Council to approve a shopping complex and fast food outlet on land in Currajong, Townsville. The proposed shopping […]

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The site is earmarked for residential subdivision – just need to wait

The Planning and Environment Court delivered a decision in the case of Loncor Properties Pty Ltd v Redland City Council [2017] QPEC 5 which involved an applicant’s appeal against the Redland City Council’s refusal of the development application for reconfiguring a lot (43 residential subdivision in two stages) in respect of land situated at Wrightson […]

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Upcoming changes to the Estate Agents Act (Vic) set to tackle underquoting in Victoria

1. Background On May 1 2017, the Estate Agents Amendment (Underquoting) Act 2016 (Vic) will take effect in Victoria. In a targeted effort to crackdown on the practice of underquoting, the new legislation imposes additional obligations on estate agents and their representatives selling residential properties. With the inclusion of new offences and the threat of […]

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Northern Lights in the South East

Scandinavian influence has become more visible in Australia over the past decade, with books, TV shows, movies, music and art hailing from, or inspired by, the region reaching a wide Australian audience. Scandinavian design as an architectural ethos is reflected in simplified design, favouring form as much as functionality and clever use of limited space. […]

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