News
Rudd set to delay emissions trading schemeThe Federal Government is planning to delay its emissions trading scheme. The Government still wants the legislation for the scheme to be passed this year but the scheme itself will not start until 2011 at the earliest, rather than 2010 as originally intended (04 May 2009)
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Investors misled by property developer, federal judge finds
A Property development company has been found by a Federal Court judge to have misled investors with Justice Steven Rares ruling that Austcorp International Ltd was responsible for misleading promotional material distributed by an associated company about a resort development at The Entrance on the Central Coast (02 May 2009)
Qld oil spill clean-up bill close to $25m The clean-up bill from the Moreton Island oil spill off Brisbane in the south-east Queensland is approaching $25 million (01 May 2009)
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New homes to cost $10000 more The Master Builders Australia (MBA) says the mandatory six-star rating will add $10000 to the cost of a new home. The federal government is to lift energy efficiency standards for new homes from 5 stars to 6 stars as it seeks to tackle climate change (01 May 2009)
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Aurora seeks compo exemption
Aurora Energy is applying to be exempted from paying compensation to customers who lost power during storms earlier this month and in January. The compensation bill could be as high as $500,000. Aurora wants the economic regulator to exempt it from the Guaranteed Service Level Scheme (30 April 2009)
ETS 'may bankrupt power stations' The National Generators Forum told a Senate committee yesterday that many power stations would simply not be able to afford the 100 to 200 per cent increase in operating costs under the current plan to require them to buy more than 80 per cent of necessary emissions permits. This would leave some insolvent and all struggling to find $50 billion in new and refinancing capital over the next five years (01 May 2009)
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Crime watchdog investigates "magic pudding" land dealsQueensland's crime watchdog has been asked to probe land deals at Mutdapilly, southwest of Ipswich which saw the value of a paddock go from $675,000 to tens of millions of dollars in five years. A freight rail corridor is allegedly proposed to link Sydney and Melbourne with the Port of Brisbane and a possible freight terminal to the west of the city in this area.
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Aust carbon market records 1st intra-mkt counterparty trade
Australia's fledgling carbon market saw the first trade between two Australian counterparts this week. The deal, for 100,000 certified emissions reduction (CER) certificates, took place between Arcadia Energy Trading and Loy Yang Power. Under the proposed CPRS legislation, companies with a carbon liability will be able to source credits from certified international sources such as certified emissions reduction (CER) certificates, which were created under the Kyoto Protocol (29 April 2009)
Govt might regulate emissions: CombetLaws setting inflexible greenhouse gas limits are possible if the proposed Emissions Trading Scheme falls over, the federal government warns. This may lead to calls for direct government regulation of emissions at national or state levels, including a change to development and planning laws for new projects or developments likely to be high in carbon pollution (30 April 2009)
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Property agents, land transport licensing goes national The Property Agents and Land Transport Ministerial Declaration has been signed off by all jurisdictions, enabling mutual recognition of licensing nationally for property agents and land transport.. For more information on licence recognition, visit
http://www.licencerecognition.gov.au/. (29 April 2009)
Brisbane eyes vertical development for growth
Property Council expresses support for Mayor Campbell Newman’s proposal to increase building density in Brisbane. The draft South East Queensland regional plan calls for regional infill growth of 325,500 dwellings between 2006 and 2031 to house its share of over 1.6 million new people coming to SEQ. In order to deliver this development vision, 1,054 towers will need to be built between now and 2031 (29 April 2009)
Toxic water clean-up delay angers grazier A north-west Queensland grazier says a failed mining company and the Queensland Government are taking too long to clean-up toxic water that has spilled onto his property (29 April 2009)
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Govt considers caustic fumes report The Environment Department says it is reviewing a report into a central Queensland refinery incident involving the release of caustic fumes earlier this year (29 April 2009)
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New group to help fight scourge of wild dogs A new Qld committee will advise landowners on how to deal with wild dogs. Ms Bligh says it conservatively estimates that dogs cost the grazing industry $33 million a year (27 April 2009)
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585 new dwellings in Qld public housing program Australia's biggest investment in public housing since the late 1940s is under way in Queensland.
Under the plan, 141 social housing dwellings - defined by Federal Housing Minister Tanya Plibersek as either public housing, which is owned and managed by the state government, or commuting housing, which may be owned and managed or just managed by a non-profit organisations
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Legislation
Queensland
Current reprints
Local Government (Areas) Regulation 2008 No.1A
Local Government (Limited Reviewable Local Government Matters) Regulation 2002 No.2A
Bills
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Local Government Bill 2009
Property Law and another Act Amendment Bill 2009
Crime and Misconduct and Summary Offences Amendment Bill 2009
Cases
Julie Anne Barrow Charitable Trust (ABN 91 975 681 079) v Brisconnections Management Company Ltd (ACN 128 614 291) [2009] FCA 412
another instalment in the recent controversy surrounding BrisConnections Management Company Ltd, as responsible entity for the BrisConnections Investment Trust and the BrisConnections Holding Trust – dismissed
FMG Pilbara Pty Ltd v Cox [2009] FCAFC 49 NATIVE TITLE – future act – proposed mining lease – review of Tribunal finding that grantee party did not fulfil its obligation to ‘negotiate in good faith’ – scope of obligation to negotiate in good faith – whether stage of negotiations relevant – whether requirement to negotiate specifically about the future act – Tribunal’s power to make a determination under s 38 of the Native Title Act 1993 (Cth)
Held: The appeal be allowed and the decision of the National Native Title Tribunal made on 11 July 2008 be set aside.
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AGL Energy Ltd v Queensland Competition Authority & Anor; Origin Energy Retail Ltd v Queensland Competition Authority & Anor [2009] QSC 090 ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – IRRELEVANT CONSIDERATIONS – IMPROPER PURPOSES – where Act requires Authority to calculate the cost “to supply all of the NEM load of the State” – where Act requires Authority to base estimate on the “long run marginal cost of energy” – whether this requires exclusion of directly connected customers or whether it permits reference to the entire Queensland load – whether the Authority is to adopt the previous year’s BRCI or whether it is to recalculate the BRCI each year
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Kuhne & Anor v Shastra Holdings Pty Ltd [2009] QSC 91
CONSUMER PROTECTION – CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS – WARRANTIES – where the defendant had agreed to install curtains in the plaintiffs’ house close to halogen lights – where both parties agreed that the curtains should be designed so that the lights would protrude through cut-outs in the curtains – where the cut-outs did not align with the lights and their brackets - where the lights turned on accidentally and made the curtains ignite – where significant damage occurred to the house – whether the defendant breached the warranty implied in the contract that the services supplied by it were fit for the purpose and of such a nature or quality as might reasonably be expected to achieve the result desired by the plaintiffs - whether the plaintiffs were liable for contributory negligence - whether a duty of care in tort should be treated as governing the parties’ relations when they have sought to regulate them by contract – whether damages should be granted.
Howarth & Anor v Miotti & Anor [2009] QSC 096 PROFESSIONS AND TRADES – LAWYERS – DUTIES AND LIABILITIES – SOLICITOR AND CLIENT – NEGLIGENCE – RETAINER – EXTENT OF RETAINER – IN RELATION TO PROPERTY TRANSACTIONS – where contract failed to settle – where plaintiff claimed solicitor failed to advise contract had not settled – where plaintiff claimed solicitor failed to advise of any action to be taken – where contract mutually terminated
TORTS – NEGLIGENCE – PROOF OF NEGLIGENCE – WEIGHT AND CREDIBILITY OF EVIDENCE – whether the clients’ evidence must be accepted in the absence of a solicitor’s file note – where solicitor failed to keep proper file notes – where plaintiff claims solicitor acted without instructions
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Queensland Injectors Health Network v Gold Coast City Council; Lan George Pty Ltd v Gold Coast City Council [2009] QPEC 028 PLANNING AND ENVIRONMENT– PLANNING SCHEMES AND INSTRUMENTS – Where application for material change of use was refused by respondent – whether requirements of planning scheme for car parking spaces met – whether sufficient grounds to justify approval despite conflict, if any
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Darwen & Anor v Pacific Reef Fisheries (Australia) Pty Ltd & Ors [2009] QPEC 029
ENVIRONMENT AND PLANNING – PRACTICE AND PROCEDURE – COSTS – COSTS IN PLANNING AND ENVIRONMENT COURT – whether attempt to use a subpoena for the purpose of obtaining disclosure enlivens the discretion in s 4.1.23(2) of IPA to award costs to parties opposing the order for subpoena
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