Don’t throw good money after bad
We are noticing a marked increase in the number of outstanding debts to aged care providers with residents or their representatives not paying the agreed fees and charges. What is becoming increasingly evident is that the outstanding amounts accrued, at the time we are notified, can be in the tens if not hundreds of thousands […]
ReadmoreNorthern 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. […]
ReadmoreTemporary accommodation gone bad!
The Planning and Environment Court delivered a decision in the case of Whitsunday Regional Council v Branbid Pty Ltd [2017] QPEC 3 which involved an application made by the Whitsunday Regional Council to the Court seeking: a declaration under section 456 of the Sustainable Planning Act 2009 that the use of the land for temporary accommodation is a […]
ReadmoreWhat’s the cost of motor cross?
The Planning and Environment Court delivered a decision in the case of Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4, which involved determining cross-applications made by the parties for costs. Drywound Pty Ltd v Lockyer Valley Regional Council & Ors [2017] QPEC 4 – What’s the case about? The […]
ReadmoreNew Yarra River Protection Planning Controls
On 26 February 2017, the Victorian Government (Government) formally released the Yarra River Action Plan and the new Yarra River Protection Planning Controls (Yarra Controls) intended to protect the Yarra River from “inappropriate” development. This follows a discussion paper, Protecting the Yarra River (Birrarung), which was released for public consultation on 1 July 2016. Partner, Meg […]
ReadmoreNew residential zones, including new mandatory height limits, are imminent
Last week, the Government announced that it would implement Amendment VC110 to make changes to Victoria’s residential zones in response to recommendations by the Managing Residential Development Advisory Committee’s (the Committee) review of the residential zones which began in late 2015 and was recently reported to the Minister for Planning. The three residential zones, the […]
ReadmoreCourt finds that a liquidator owes a duty of care to a guarantor
Judgment was handed down today in the matter of Perpetual Nominees Ltd v McGoldrick & Anor (No 3) [2017] VSC 78 where it was held that the liquidators owed a duty of care to the guarantors of a company debt. Gadens acted on behalf of the successful Plaintiff, Perpetual Nominees Ltd, as custodian for OnePath […]
ReadmoreTips for early resolution of banking disputes
In November 2016, the Standing Committee on Economics issued its Review of the four major banks (first report). The report contains 10 recommendations, one of which is that the Government give ASIC the power to collect recurring data about internal dispute resolution (IDR) schemes of Australian financial services licensees. In support of this recommendation, the […]
ReadmoreNew Land Valuations for Queensland property owners
More than one million new annual land valuations have been issued to landowners in Queensland which will be used to assess land tax, rates and State land rental charges. For owners, reducing the statutory valuation of land can significantly reduce their taxes and rates whilst enhancing the commercial value of their property. However owners have […]
ReadmoreWestpac Banking Corporation v Jonathon Wilfred Haynes [2017] SASC 23
This case concerned an action brought by the bank against the borrower to recover funds advanced to him. The borrower counterclaimed and argued that the bank breached its obligations to him under Clause 25.1 of the Code of Banking Practice. This case is notable in that unlike all reported cases to date, it was the […]
ReadmoreHousing affordability policy initiatives create concerns and uncertainty for Victorian property investors and developers
Significant housing affordability policy initiatives were unveiled by the Victorian government over the weekend. Whilst the announcements have focused on the impact of these initiatives on first home buyers and the efforts to tackle housing affordability for these buyers, the proposals contain cause for concern for Victorian property investors and developers. A proposed stamp duty relief for […]
ReadmoreApplication of RLA
The recent decision in CB Cold Storage Pty Ltd v IMCC Group Pty Ltd [2017] VSC 23 (CB Cold Storage) could mean that for landlords leasing premises to industrial or warehousing businesses in Victoria, land tax may not be recoverable from the Tenant, market rent reviews that do not allow the rent to decrease may […]
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