What’s New - Property Planning Environment

 

Lawsuits are mounting against City Pacific with UK billionaire Lord Michael Ashcroft the latest to launch a claim. Lord Ashcroft's Australian investment vehicle International Marina Development and Management (IMDM) is seeking $382 million in damages over the failed purchase this week of a prime development site on the Townsville waterfront. The claims have been labelled as 'vexatious' by City Pacific chief executive John Ellis (28 March 2009)

A repeat of the 1990’s commercial property over-supply is unlikely, according to real estate and investment company Jones Lang LaSalle. Director Leigh Warner says while the Brisbane CBD vacancy will increase to around 10 percent in 2009, the market will begin to strengthen in 2011 when employment improves (25 March 2009)

A $17 Million cap applies to insurance payouts on the clean-up costs, damage and disruption from the Pacific Adventurer fuel oil spill, the ship's insurer says. The insurer might contest some claims that have to be "qualified over a period of time" and could take years to settle. Claims for a clear case of damage were simple to establish, but claims of economic loss could take longer as they would involve close scrutiny of the ecological impact. (28 March 2009)

 

Brisbane City Council's proposed Archerfield precinct plan recognises streets in the shadow of Archerfied Aerodrome as residential but also recognises impediments faced by existing planning laws and pressures from neighbouring industrial development. To delay speculative small-scale industrial development, the council now plans a minimum site area of 1.5ha for any non-residential development (27 March 2009

 

The draft Local Growth Management Strategy prepared by that council is the subject of a Sunshine Coast Regional Council investigation into whether staff or councillors breached confidentiality. A number of developments including Twin Waters West allegedly stood to benefit from changes to the Maroochy Plan 2000 by the old Maroochy Shire Council. (26 March 2009)

An application by Barro Group to extend its Mt Cotton quarry from 14ha to 52ha was last Friday deemed “not properly made’’ by the Planning and Environment Court. The court ruled Barro Group did not include in its application the necessary permission to use a State Government-owned road reserve within the site (28 March 2009)

 

A case between a North Queensland sugar mill and the Cassowary Coast Regional Council will be heard in the Planning and Environment Court. Tully Sugar Limited is appealing against the council's decision to approve development applications allowing forestry company Great Southern to plant trees on several cane farms it purchased in the area (24 March 2009)

 

A large area off the Australian coast will be investigated to see how suitable it is to store greenhouse gases. Basins offshore of Western Australia, Victoria, Queensland and the Northern Territory are considered likely to have major sub sea reservoirs. Companies can now apply to the Federal Government for permits to explore and develop any storage sites they may find (27 March 2009)

 

In a briefing document to federal political parties, the Property Council of Australia has warned there is "clear evidence that foreign financiers are leaving the Australian market at an accelerating pace". DEXIA SA, Bank of Tokyo Mitsubishi, BOS International, ING and Merrill Lynch have been named as some of 23 foreign banks that are withdrawing or have signaled plans to scale back their commercial property lending in Australia (27 March 2009)

If the proposed Carbon Pollution Reduction Scheme is to successfully achieve cost-effective emissions reductions then it is critical that the carbon market is supported by an appropriate legal framework (24 March 2009)

The Queensland Environmental Protection Agency (EPA) is now investigating 10 mines that have had potentially toxic water spills that flowed off-site. Of greatest concern is the Lady Annie mine, north-west of Mount Isa, where two Waterways contaminated with heavy metals do not even meet the Australian Water Quality Guidelines for stock watering (23 March 2009)

Author: Ian Dorey. Matthew Broderick

Source: Australian Property Law Bulletin, Vol 23, No 7, March 2009: p74-76

 

Author: Geoff Mann, Paul Pyanic and Afton Fife

Source: Australian Property Law Bulletin, Vol 23, No 7, March 2009: p77-79

 

Author: Sharon Christensen

Source: Australian Property Law Bulletin, Vol 23, No 7, March 2009: p80-82

 

Author: W D Duncan

Source: Australian Property Law Bulletin, Vol 23, No 7, March 2009: p83-84

Liquor Regulation 2002 No.4I

Urban Land Development Authority Regulation 2008 No.1B

Disaster Management (Extension of Disaster Situation-Brisbane) Regulation 2009 (SL No 25 of 2009) (principal)
Liquor Amendment Regulation (No. 1) 2009 (SL No 23 of 2009)
Public Trustee Amendment Regulation (No. 3) 2009 (SL No 24 of 2009)
Urban Land Development Authority Amendment Regulation (No. 1) 2009 (SL No 22 of 2009)

 

PRACTICE AND PROCEDURE – pleading – particulars – purpose of pleadings and particulars generally – application for further and better particulars – underlying defects in statement of claim – statement of claim struck out with leave to replead in lieu of order for further and better particulars – claim for mandatory injunctive relief – principles attending formulation of such injunctions

ENVIRONMENT LAW – meaning of “action” – meaning of recklessness having regard to Criminal Code Act 1995 (Cth)

Persistent default in compliance with directions is a well recognised basis on which the Court may dismiss a claim - applicant prepare and provide to the State of Queensland, and any other respondent who so requests, historical and anthropological material on which they seek to rely in support of their claim for a determination of native title

Professions and trades-disciplinary proceedings-holder of real estate agent salesperson certificate- holding out as a licensed real estate agent- borrowing a licence- since registered –no consumer adversely affected-Sections 160, 496(1) and 581(2) of the Property Agents and Motor

Dealers Act 2000

 

Professions and trades-disciplinary proceedings-real estate agent lending licence to another-Property Agents and Motor Dealers Act 2000 sections 496 and 581 (1)(a)

 

Cultural Heritage Management Plan – meaning of aboriginal party – whether an individual may be an aboriginal party – whether individual may respond on behalf of a collective – customs and practices of the indigenous group – uncontested evidence – purposes of the Aboriginal Cultural Heritage Act 2003

CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – INSTALMENT CONTRACTS – STATUTORY RESTRICTIONS ON RESCISSION OR TERMINATION OF INSTALMENT CONTRACT OR FORFEITURE OF INSTALMENTS OF PURCHASE PRICE – where s 72 of the Property Law Act 1974 (Qld) requires that notice be served upon purchaser 30 days prior to termination of instalment contract – where vendor duly served notice upon purchaser – where parties subsequently agreed to extend duration of contract – where purchaser again defaulted under extended contract – where vendor purported to terminate contract without further notice under s 72 – where purchaser claimed termination ineffective due to lack of notice – whether notice served with respect to first default capable of discharging obligation on purchaser under s 72 for termination pursuant to subsequent defaults

CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – INSTALMENT CONTRACTS – FORFEITURE OF INSTALMENTS OF PURCHASE PRICE – RELIEF AGAINST FORFEITURE OF INSTALMENTS OF PURCHASE PRICE – AVAILABILITY – where parties agreed to extend duration of instalment contract – where consideration for extended duration further "instalment" – where purchaser claimed failure by vendor to repay further "instalment" constituted forfeiture – whether purchaser entitled to relief against forfeiture

CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – VENDOR'S REMEDIES – RESCISSION OR TERMINATION – ENTITLEMENT TO – where vendor purported to terminate contract on purchaser's failure to perform the contract – where purchaser alleged that terminating party improperly purported to terminate contract insofar as it indicated a readiness and willingness to perform – where alleged readiness and willingness to perform subject to inspection of property by financier – where contract expressly not subject to finance – whether vender entitled to terminate contract