Alignment with the National Mortgage Form
In the last 12 months there have been changes to the processes for each land registry across Australia (collectively referred to as the Land Registry) to accommodate e-settlements as we move towards an ‘alignment’ of forms and procedures across all jurisdictions. The process of aligning all jurisdictions to using a uniform set of forms and […]
ReadmoreObjection to an expansion of issues in dispute results in an adverse costs order
The Planning and Environment Court in LMRM Pty Ltd v BrisbanCity Council [2017] QPEC 7 made an order that LMRM Pty Ltd pay the Brisbane City Council’s costs of and incidental to its application to expand the issues in dispute in the appeal, on a standard basis. The appeal related to the Council’s decision to refuse […]
ReadmoreNo ability to regularise an unlawful industrial use in Rocklea
The Planning and Environment Court in Delta Contractors (Aust) Pty Ltd v Brisbane City Council [2017] QPEC 13 dismissed an appeal by Delta Contractors (Aust) Pty Ltd against the Brisbane City Council’s refusal of its development application for a development permit for a material change of use for a warehouse with an ancillary office and […]
ReadmoreA change to a proposed service station, carwash facility and drive through restaurant was declared to be a minor change
The Planning and Environment Court in King of Gifts (Qld) Pty Ltd & Anor v Redland City Council & Anor [2017] QPEC 15 declared that a change to a proposed service station, carwash facility and drive through restaurant was a minor change. The changes to the proposed development comprised the following: refining the onsite sewerage […]
ReadmoreApproval of multiple-dwellings development – all depends on the adequacy of the proposed drainage system
The Planning and Environment Court delivered a decision in the case of Spry v Brisbane City Council & Anor [2017] QPEC 16 which involved a submitter appeal against the decision of the Brisbane City Council to approve a development application for a development permit for 3 multiple-dwellings. The issues in dispute in the appeal concerned […]
ReadmoreHigh-rise units (not PPR) rating category was the correct category
Marchesi v Noosa Council – What’s the case about? The Land Court delivered a decision in the case of Marchesi v Noosa Council [2017] QLC 19 which involved an owner’s appeal against a decision of the chief executive officer of Noosa Council on the owner’s objection to the rating category for several parcels of land. The […]
Readmore2017/2018 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 […]
ReadmoreDeveloper 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 […]
ReadmoreVacant 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: […]
ReadmoreLocal 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 […]
ReadmoreIs 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 […]
ReadmoreDevelopment 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 […]
Readmore
