Articles
Reliance Carpet: a penalty on vendors: Part 2
Author: Jonathan Ackerman
Source: Australian Property Law Bulletin, Vol 23, No 6, February 2009: p62-67
Ability of the purchaser to seek recovery of a deposit
Providing consumer protection: express is best
Author: Kris Byrne
Source: Australian Property Law Bulletin, Vol 23, No 6, February 2009: p68-69
Acting as agent for a seller outside the jurisdiction
Author: Bill Duncan
Source: Australian Property Law Bulletin, Vol 23, No 6, February 2009: p70-71
Off-The-Plan Unit Contracts At RiskAuthor: Tim O'Dwyer
Source: lawyersconveyancing.com.au, February 2009; Online Opinion, 10 February 2009
Conveyancing solicitors across Queensland have been anxiously scurrying to their filing cabinets to check settled and unsettled off-the-plan unit contracts following a surprise court decision. Serious repercussions could flow far and wide from this decision - not only for the state’s legal profession, but also for the local property development industry and the government
http://www.lawyersconveyancing.com.au/news/148_contracts_at_risk.asphttp://www.onlineopinion.com.au/view.asp?article=8505
Practice Notes/Directions
National Greenhouse reporting bill exposure draft
An exposure draft of the National Greenhouse and Energy Reporting Amendment Bill 2009 is now available for public comment. The bill requires auditors to register with the Greenhouse and Energy Data Officer (GEDO) and make a number of administrative amendments to clarify audit arrangements. It will also remove the obligation on the GEDO to publish energy production data as outlined in the consultation paper released earlier this year http://www.climatechange.gov.au/reporting/consultation.html
New Public Ruling released
The Commissioner has released a Public Ruling in relation to s.30 of the Duties Act 2001.
Public Ruling DA030.1.1: Transfer duty—aggregation of dutiable transactions sets out examples of how the aggregation provision in s.30 of the Duties Act 2001 applies to common real estate transactions. The Public Ruling has a date of effect of 24 February 2009
http://www.osr.qld.gov.au/news-updates/announcements/index.shtml?tab=tab1
Government looks for developers for Boggo Road Urban Village
The Queensland Government is looking for a qualified organisation or consortium to develop residential and some mixed-use components of the Boggo Road Urban Village, commencing the first stage of involving the private sector by inviting expressions of interest. An Invitation document is available for download to interested developers from
www.boggoroad.com.au http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=62888
National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 1)
Legislative Instrument - F2009L00711 Number: SLI 2009 No. 28
These Regulations amend the National Greenhouse and Energy Reporting Regulations 2008 to support changes made to the National Greenhouse and Energy Reporting Act 2007 (the Act) by the National Greenhouse and Energy Reporting Amendment Act 2008 and also makes a number of clarifications on matters relating to the administration of the Act. Date Registered: 26/02/2009
http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/all/whatsnew/5DB879849D785478CA25756600810E0B?OpenDocument
Protection of the Sea (Prevention of Pollution from Ships) (Orders) Amendment Regulations 2009 (No. 1)
Legislative Instrument - F2009L00698 Number: SLI 2009 No. 27
These Regulations amend the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 to increase the maximum penalty for a breach of orders made under section 34 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 from 30 penalty units to 50 penalty units. Date Registered: 27/02/2009
http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/all/whatsnew/9602208D159B249BCA2575650077F06C?OpenDocument
Queensland
Current reprints
Energy Ombudsman Regulation 2007 No.1A
Mineral Resources Regulation 2003 No.5E
Acts as passed
Planning (Urban Encroachment-Milton Brewery) Act No 1 of 2009
Greenhouse Gas Storage Act 2009 No 3 of 2009
Acquisition of Land and Other Legislation Amendment Act No 5 of 2009
Cases
Moon v Gold Coast City Council & Anor; Littleford v GCCC & Anor [2009] QPEC 003
INTEGRATED PLANNING ACT- Validity of Planning Scheme- Presumption of Validity- Whether presumption disturbed by evidence to the contrary
INTEGRATED PLANNING ACT- Validity of Planning Scheme- Transitional Provisions for making a planning scheme - requirements imposed – whether requirements fulfilled
INTEGRATED PLANNING ACT- Validity of Planning Scheme - Whether decision by local authority to adopt scheme reviewable – Whether legislative act or administrative decision – Whether local authority satisfied of required matters - whether decision so unreasonable no reasonable local authority could make it http://www.sclqld.org.au/qjudgment/2009/QPEC/003
Hoeg v Department of Natural Resources and Water [2009] QLC 0026
Valuation of Land Act 1944 – s.33 VLA – presumption of correctness of statutory valuation – onus of proof – relevance of significant increase in level of unimproved value from previous years - use of appropriate comparable sales evidence – effect on unimproved value because of "character residential" designation under Brisbane City Council Town Planning Scheme
http://www.landcourt.qld.gov.au/decisions/PDF/AV2008-0045.pdf
Barrett v Weir & Anor [2009] QLC 0028
Bias – Apprehended Bias – hearing of Appeal in previous compensation renewal matter – legal principles – the prejudgment principle – previous hearing at first instance
http://www.landcourt.qld.gov.au/decisions/PDF/MLC00132-2008.pdf
Hayakawa v Tampoe & Ors [2009] QDC 21
Applicant claims Firm failed to advise the plaintiff that, whilst he would make a larger profit if he entered into several contracts if the units sold for a greater sum before settlement than if he entered into only one – contracts - statement of claim discloses no reasonable cause of action – duties owed to the plaintiff – liability of partners http://archive.sclqld.org.au/qjudgment/2009/QDC09-021.pdf
P and R Cupo v Department of Natural Resources and Water [2009] QLC 0033
Valuation of Land Act 1944 – s.33 VLA – presumption of correctness of statutory valuation – onus of proof – competing valuation methodologies – preference for comparable sales method over hypothetical development and/or cash flow valuation – reliability of sales evidence – highest and best use – application of sales evidence – sufficiency of exposure of basis for valuation – person acting as advocate and expert witness
http://www.landcourt.qld.gov.au/decisions/PDF/AV2008-0297.pdf
Galletly v Carlyle Villages Pty Ltd [2009] CCT VH002-08
Retirement villages – construction of residence contract – jurisdiction to vary term of registered lease
Retirement Villages Act 1999, sections 10(2), 21, 22, 191 and 210 Commercial and Consumer Act 2003, sections 4(2) (b), 8, 9 and 50(1)
http://www.tribunals.qld.gov.au/RV/rvDecisions/VH002-08%20DEC%2013-02-09.pdf
The Chief Executive Office of Fair Trading Department of Justice and Attorney General v Mcpherson [2008] CCT PD022-08
Disciplinary proceeding – real estate salesperson – breach of section 7(1) of the Real Estate Agency Practice Code of Conduct – failure to act fairly and professionally in the conduct of a real estate agency practice – arranging for instalments of deposit to be paid into account that is not a trust account – disqualification from holding a licence for 5 years – condition of registration certificate – fine of $500.00
http://www.tribunals.qld.gov.au/PAMD/pamdDecisions/PD022-08%20DEC%2011-02-09.pdf
The Chief Executive, Office of Fair Trading Department of Justice and Attorney General v Bryant [2009] CCT PD017-08
Disciplinary proceedings; real estate agent; falsifying trust account records; took lease of premises managed by agency but did not pay rent; issued receipt recording payment of money not in fact paid
http://www.tribunals.qld.gov.au/PAMD/pamdDecisions/PD017-08%20DEC%2019-02-09.pdf
Bain & Morgan and The Chief Executive, Office of Fair Trading, Department of Justice and Attorney-General v Ferrantino [2009] CCT PC020-09
Property Agents and Motor Dealers Act 2000, sections 128(1), 160(3), 469, 470(1) (e), 488 and 530 –claim against the claim fund – person acting as a real estate salesperson – misappropriation by person of money entrusted to person as agent for another in the capacity as a relevant person– financial loss –deciding amount of financial loss – person responsible for financial loss
http://www.tribunals.qld.gov.au/PAMD/pamdDecisions/PC020-08%20DEC%2016-02-09.pdf
Bain & The Chief Executive, Office of Fair Trading Department of Justice and
Attorney-general v Rocco Ferrantino [2009] CCT PC021-08
Property Agents and Motor Dealers Act 2000, sections 128(1), 160(3), 469, 470(1) (e), 488 and 530 –claim against the claim fund – person acting as a real estate salesperson – misappropriation by person of money entrusted to person as agent for another in the capacity as a relevant person– financial loss –deciding amount of financial loss – person responsible for financial loss
http://www.tribunals.qld.gov.au/PAMD/pamdDecisions/PC021-08%20DEC%2016-02-09.pdf
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