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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Awarding football tickets

Are you sending any consumers, prize winners, staff or bloggers to football games this year? Read on for helpful reminders to ensure everyone has a ball, at any sporting event! To view full size image, click here.

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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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The Better Apartments Design Standards

Following the Better Apartments Draft Design Standards released late last year (refer to our Article here), Amendment VC136, which introduces the final version of the Better Apartments Design Standards (BADS) into all Victorian planning schemes, was gazetted on 13 April 2017. The BADS are an entirely new set of standards which are now applicable to […]

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Interview with Philip Field, Lead Ombudsman – Banking and Finance, Financial Ombudsman Service

Partner Annette Gaber and Senior Associate Anna Koumides speak with Philip Field, Lead Ombudsman of Banking and Finance from the Financial Ombudsman Service. To read the interview, click here.

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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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Statutory demands – sale for undervalue claims

The recent judgment handed down in the matter of Modeca Investments Pty Ltd (Modeca)1 confirmed the principle that a sale for undervalue claim can only be made if there are defects in the sale process undertaken. Modeca made an application to set aside a statutory demand issued to it calling up an unsecured debt (being […]

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