News
Water prices to rise if Traveston canned: Bligh
Queensland Premier Anna Bligh says water prices will rise if the Federal Government does not approve the Traveston Crossing dam in the Mary Valley near Gympie in the state's south-east. Federal Environment Minister Peter Garrett is considering a draft report by the Queensland coordinator-general, who has granted environmental approval for the $1.5 billion project (14 September 2009)
Hefty 2009 land tax bills hitting hard
The Property Council says it has been flooded by calls from a variety of property owners over large increases in their 2009 land tax bills, with some reporting hikes of up to 43 percent. The rise in land tax bills in a market where prices are falling is a direct result of the combination of the failure by the Queensland Government not to revalue properties in late 2008, the three-year averaging process and the impact of the $93 million surcharge (11 September 2009)
Gorgon Puts Pressure on Other Gas Fields
Chevron spokespersons said natural-gas projects are attractive because of their proximity to Asia, but because of their enormous upfront cost and engineering complexity, developers usually don't greenlight the projects until after they have signed up buyers for most of the gas in advance. The relatively untested energy source could also make some potential buyers wary (14 September 2009)
Farmers dig in over land clearingQueensland's peak farming body has warned the Bligh government to expect a fight if it outlaws land clearing on prime agricultural terrain. The current The ban will end on October 7, but new legislation will be in place by then to outlaw all clearing in specific areas relating mainly to the Mackay/Whitsunday, Wet Tropics and Burdekin reef catchments (12 September 2009)
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Hired guns 'squeezing out' energy researchThe Rudd government's principal adviser on climate change last night warned that compensation for heavy polluters contained within the proposed carbon reduction scheme would increase costs and squander an opportunity to invest in alternative energy technology (09 September 2009)
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Retirement village investors lose big taxation case The High Court has rejected investor Anthony Malouf's bid to claim the development of a retirement village as a tax deduction. More than 120 individuals and companies launched legal action against the ruling, although all agreed to be bound by the Malouf decision (10 September 2009)
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Bushfire warning system overhauled Australia has a new national warning system for this summer's bushfires, when the worst days will be declared "catastrophic" or "code red" (10 September 2009)
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Regional plans roll outThe Central West Regional Plan was launched on 10 September 2009 in Longreach. This follows the launch of the South West Regional Plan on 13 August 2009 with a regional plan for Maranoa and Balonne to be released in coming weeks. These plans will guide land use and development in the regions over the next two decades
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Fund collapse forces caravan park sale
Brisbane’s Nestle Inn Tourist Village Caravan Park is being forfeited to the market as part of an asset sell-off following the closure of Mariner Coastal Investment Trust. The significant divestment also involves the sale of two leasehold tourist park interests owned by the fund in New South Wales (09 September 2009)
Competition watchdog shines spotlight on power pricingPower companies in Queensland will be required to make it clearer to customers how much it is costing them to produce electricity, in a bid to make billing more transparent. The QCA said the federal government's proposed carbon pollution reduction scheme (CPRS) was creating uncertainty within the electricity market and would affect affect wholesale electricity prices (09 September 2009)
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F-111 maintenance blamed for creek contaminationA former RAAF serviceman says an F-111 maintenance program could be responsible for contamination of a waterway near the Amberley air base in south-east Queensland. The RAAF found heavy metals including nickel, mercury, cadmium and chromium in Warrill Creek, sparking a major investigation by the Environmental Protection Agency (12 September 2009)
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Location for second Burdekin River bridge being finalisedMain Roads Minister Craig Wallace has announced work has begun on finalising the location of a second Burdekin River Bridge and associated Bruce Highway realignment, as part of planning for the future traffic needs of the region. “Necessary consultation with relevant stakeholders and landowners will also be carried out as part of this process to review and refine the location of the bridge and the new alignment of the highway (07 September 2009)
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Sale of Great Southern projects: $240m in peril
About $2.2 billion of investor growers' money is tied up in the Great Southern group's forestry and horticulture projects that are to be sold by the group's receivers. About $240 million of that is at most risk of being lost in the near future (08 September 2009)
Articles and Reports
Fast and furious: a tale of unfair preferences – for the benefit of creditors
Author: Janelle Payne
Source: Proctor, Vol 29 no 8, August 2009: p29-32
PAMDA, trusts, insolvency, cases
Property Law
Author: Paul Waterhouse
Source: Property Australia, Vol 24, No 1, September 2009: p32-34
Property law in Australia is overdue for an overhaul and a new coalition has been formed to drive the reform agenda
The spending power of sub-central governments: a pilot study
Author: Bach, Steffen et al
Source: Paris : OECD, 2009.; 22 p.
Subjects: Federal state finances; Administrative decentralisation; Government expenditure; Regional administration; Local government; Public transport; State government agencies; Education infrastructure; Child day care; Aged care; International comparisons; Overseas item
Swimming in new waters: recent reforms to Australian water lawsAuthor: Briese, Robyn et al
Source: Canberra : Australian Government Solicitor, 2009.; 24 p
Subjects: Water rights; Water Act 2007; Water policy; Murray Darling Basin; Native title; Murray Darling Basin Authority; Legislation; Water Amendment Act 2008
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Sustainability – The Various Rating Systems05 September 2009
Article by Hunt & Hunt Robin Lonergan
Many organisations are requiring energy efficient buildings and tenants and government departments are demanding energy efficient buildings. This demand has lead to tenants driving the market towards energy efficient buildings.
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Stamp Duty Update – The Money Grab Continues07 September 2009
Article by Deacons David Stavropoulos and Anna Wilson
The States and Territories committed to a time-line for the abolition of various state taxes and duties as part of the introduction of the GST and in return for the Commonwealth's commitment to distribute GST revenue to them.
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Sustainable Planning Bill 2009 (Qld) - A More Streamlined Planning System For Queensland?07 September 2009
Article by Clayton Utz Karen Trainor
The key objective of the Bill is to achieve a more timely and streamlined land use planning and development framework.
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Practice
Minister extends climate change consultation
Due to public demand, the Honourable Stirling Hinchliffe, Minister for Infrastructure and Planning has extended public consultation on the Draft South East Queensland Climate Change Management Plan by four weeks to Friday 9 October 2009. The draft management plan contains proposed planning actions to help reduce the region's greenhouse gas emissions and make it more resilient to the impacts of climate change
Central West Queensland Plan
The plan, released on Thursday 10 September 2009, will guide land use and development in the region over the next two decades. The plan is part of the state government’s Blueprint for the Bush program, which seeks to build sustainable, liveable and prosperous rural communities (10 September 2009 )
Legislation
Commonwealth
Renewable Energy (Electricity) (Charge) Amendment Act 2009
C2009A00079 - PMC (DCC) Number: No. 79, 2009
An Act to increase the rate of renewable energy shortfall charge, and for related purposes
01/09/2009
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Renewable Energy (Electricity) Amendment Act 2009Act - C2009A00078 Number: No. 78, 2009
An Act to amend the Renewable Energy (Electricity) Act 2000, and for related purposes
Date Published: 10/09/2009
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Renewable Energy (Electricity) Amendment Regulations 2009 (No. 2)Legislative Instrument - F2009L03474 Number: SLI 2009 No. 221
Regulations 2001 to implement the ‘Solar Credits’ mechanism, under which the number of RECs able to be created in respect of eligible small generation units may be multiplied by a factor that varies over time. Date Registered:08/09/2009
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Renewable Energy (Electricity) Amendment Regulations 2009 (No. 3)Legislative Instrument - F2009L03475 Number: SLI 2009 No. 222
These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to deter the installation of inappropriately large commercial-scale solar and heat pump water heaters in domestic and small commercial premises. Date Registered: 08/09/2009
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Airports Legislation Amendment Regulations 2009 (No. 2)Legislative Instrument - F2009L03476 Number: SLI 2009 No. 231
These Regulations amend the Airports Regulations 1997 and Airports (Building Control) Regulations 1996 to specify certain developments as major airport developments. Date Registered: 08/09/2009
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Queensland
Current Reprints
Body Corporate and Community Management (Accommodation Module) Regulation 2008 No.1A
Body Corporate and Community Management (Commercial Module) Regulation 2008 No.1A
Body Corporate and Community Management Regulation 2008 No.1A
Body Corporate and Community Management (Small Schemes Module) Regulation 2008 No.1A
Body Corporate and Community Management (Standard Module) Regulation 2008 No.1A
Building Units and Group Titles Act 1980 No.5
Coastal Protection and Management Regulation 2003 No.3
Commercial and Consumer Tribunal Regulation 2003 No.2E
Duties Act 2001 No.6C
Environmental Protection (Water) Policy 2009 No.1
Land Court Regulation 2000 No.2C
Property Law Regulation 2003 No.2C
Retail Shop Leases Regulation 2006 No.1B
State Development and Public Works Organisation (State Development Areas) Regulation 2009 No.1
Regulations
State Development and Public Works Organisation Amendment Regulation (No. 2) (SL No 193 of 2009)
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Cases
Commissioner of Taxation v Star City Pty Limited (No 2) [2009] FCAFC 122TAXATION – Income tax – Administrative penalty – Tax return claimed prepayment of rent as revenue deduction – Amended assessment disallowing deduction – Prepayment held to be on capital account – Whether, in treatment prepayment as revenue, taxpayer had sole or dominant subjective purpose of paying less tax – Income Tax Assessment Act 1936 (Cth), s 226L.
TAXATION – Income tax – Administrative penalty – Tax return claimed prepayment of rent as revenue deduction – Amended assessment disallowing deduction – Prepayment held to be on capital account – Whether taxpayer’s tax liability would, apart from provision of taxation law or action taken under such a provision, have been less than it would have been in absence of treatment of prepayment as revenue – Whether treatment of prepayment as revenue in fact affected taxpayer’s tax liability – Whether there was a taxation law which affected tax liability – Whether there was action taken under such a law – Whether amended assessment amounted to such action – Taxation Administration Act 1953 (Cth), Sch 1, s 284-145.
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Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 4) [2009] FCA 1013
COSTS – Indemnity costs – Application by Respondent to adjourn trial where substantive issue is an alleged contravention of a condition of a ministerial approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – Adjournment application occasioned by Respondent’s petitioning the relevant Minister to vary that condition – Respondent failed to put Applicant on notice as to the making of this petition – Costs incurred by Applicant in ignorance of this development – Adjournment not opposed by Applicant – Held circumstances warranted order for indemnity costs in respects of costs thrown away by the adjournment
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McLean v Adelaide Bank Limited [2009] FCA 1004
Applicant’s claim for interlocutory relief is dismissed. - Adelaide Bank has a mortgage over the property and has given instructions to a real estate agent to sell the property pursuant to its power of sale under the mortgage.
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MC Projects Pty Ltd v Nigel Farah Trading as The Tiling Crew v Graydon Kline and Kilne Industries International Pty Ltd [2009] QDC 288
UNIFORM CIVIL PROCEDURE RULES – BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT –Where an enforcement warrant was issued authorising redirection of specified debts certainly payable -Where enforcement creditor performed work under sub-contract with the enforcement debtor pursuant to enforcement debtor’s contract with the third persons - Where no debt was certainly payable by the third persons to the enforcement debtor – whether a claim or allegation of money owing is sufficient to establish a debt - whether there was a debt certainly payable by the third persons to the enforcement debtor that could be redirected.
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Hudpac Corporation P/L v Voros Investments P/L [2009] QSC 275
Applicant seeks various orders, including a declaration that it validly terminated a contract of sale and that it is entitled to forfeit a deposit - threshold legal issue concerns the operation of s 22 of the Land Sales Act 1984 (Qld)
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Tarong Energy Corporation Limited v South Burnett Regional Council (formerly Nanango Shire Council) [2009] QCA 265
PROCEDURE – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION – GROUNDS FOR RESISTING PRODUCTION – CLIENT LEGAL PRIVILEGE – WHAT CONSTITUTES – PARTICULAR CASES – where the appellant received an opinion from a barrister in relation to litigation brought against it by the respondent regarding rates – where the appellant gave this opinion to an external management and financial consultant for the purpose of obtaining advice about appropriate budget and rating resolutions – where the consultant provided this advice to the appellant in a report and this report summarised the barrister’s opinion received by the appellant – where the respondent sought production of the consultant’s report in relation to the rates litigation – whether the trial judge erred in holding that the appellant was not entitled to legal professional privilege in the consultant’s report
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Questband P/L v Macquarie Bank Limited [2009] QCA 266
CONTRACTS – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS – GENERALLY – where the respondent was to provide finance to the appellant for its purchase and proposed redevelopment of land – where the parties executed a mandate and, subsequently, a facility agreement to this effect – where a condition precedent of the agreement required the appellant to provide the respondent with a satisfactory engineering report – where the respondent received this report approximately one hour prior to settlement and provided the appellant with the relevant cheques – where the respondent was unable to reach the settlement on time and the vendors terminated the sale contracts – where the appellant argues that the mandate and facility agreement contained implied terms that the respondent would (i) decide within a reasonable time whether to offer the appellant a loan facility; (ii) do all things reasonably necessary to give the appellant the benefit of the facility agreement; (iii) obtain all relevant information from its consultant engineer within sufficient time to allow it to provide the cheques to the appellant; and (iv) to make all reasonable endeavours to provide the cheques to the appellant within sufficient time for it to attend settlement – whether these terms were implied terms of the mandate or facility agreement – whether the respondent had breached these implied terms
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SEED V BODY CORPORATE FOR RENAISSANCE GOLDEN BEACH CTS 31880 (No. 2) [2009] CCT KC008-09
Interlocutory application – whether originating application should be dismissed summarily – Commercial and Consumer Tribunal Act 2003, sections 58, 126 – Body Corporate and Community Management Act 1997, section 149B
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Chen & Anor v Department of Natural Resources and Water [2009] QLC 0131
Assessment of unimproved value of improved land under the Valuation of Land Act 1944 – s.33 rebuttal of presumption of correctness of statutory valuation – onus of proof – best evidence of unimproved value
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BERNAU, EVERETT V (AVEO) THE DOMAIN RETIREMENT COUNTRY CLUB [2009] CCT VH006-08
Retirement Village dispute-Validity of a deed of compromise – whether bar to new proceeding
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Parmac Investments Pty Ltd v Logan City Council & Anor [2009] QPEC 079Developer appeal against Council refusal of development approval for a shopping centre - appellant no longer wishing to proceed but precluded by contract with owners of site from filing notice of discontinuance - its rights in the application and appeal recently assigned to owners - co-respondent (adverse submitter and commercial rival) applies for striking out of appeal - owners apply for inclusion in appeal as appellants - significance of delay which might flow from joinder - duty of appellant's experts to be available for presentation of owners' case as appellants
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