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Commercial Building Disclosure – threshold halves from 1 July 2017 – Are you ready?

From 1 July 2017, the threshold for the compulsory Commercial Building Disclosure (CBD) of an office building’s energy efficiency will reduce from 2,000m2 to 1,000m2. The legislation, which commenced in 2010, requires most owners of office buildings to have a current building energy efficiency certificate (BEEC) before offering to sell or lease their property. The […]

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Landlords again prevented from recovering Land Tax under pre-30 June 2009 commercial leases

On 16 June 2017, the Queensland Government passed changes to the Land Tax Act 2010 (Qld) dealing with a landlord’s right to recover land tax from tenants. The changes are a reversal of the decision in late 2016 in Vikpro Pty Ltd v Wyuna Court Pty Ltd ATF Wyuna Court Unit Trust [2016] QCA 225 […]

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Are you ready for the new Superannuation laws to take effect on 1 July 2017?

The proposed changes are very complex as is evidenced by the colossal amount of explanatory material, compliance guidelines and legislation which the government has issued since the changes were announced.   How do the changes affect me? The most significant change is the imposition of a transfer balance cap (TBC), which will impose a $1.6 […]

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Reportable conduct scheme – Principals obliged to ensure School policies are compliant

From 1 July 2017 school Principals will be obliged to ensure compliance with the Reportable Conduct Scheme introduced by amendments to the Child Wellbeing and Safety Act 2005. The Scheme will be administered by the Commission for Children and Young People, including by overseeing investigations or conducting investigations itself. School Principals will be obliged to […]

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Increase in preventable deaths in aged care

A study conducted by Monash University and the Victorian Institute of Forensic Medicine has revealed an alarming rise in the number of premature and potentially preventable deaths occurring in Australian nursing homes over the past decade1 .   The study The study, led by Professor Joseph Ibrahim, head of the Health Law and Ageing Research […]

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Alignment with the National Mortgage Form

In the last 12 months there have been changes to the processes for each land registry across Australia (collectively referred to as the Land Registry) to accommodate e-settlements as we move towards an ‘alignment’ of forms and procedures across all jurisdictions. The process of aligning all jurisdictions to using a uniform set of forms and […]

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Objection to an expansion of issues in dispute results in an adverse costs order

The Planning and Environment Court in LMRM Pty Ltd v BrisbanCity Council [2017] QPEC 7 made an order that LMRM Pty Ltd pay the Brisbane City Council’s costs of and incidental to its application to expand the issues in dispute in the appeal, on a standard basis. The appeal related to the Council’s decision to refuse […]

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No ability to regularise an unlawful industrial use in Rocklea

The Planning and Environment Court in Delta Contractors (Aust) Pty Ltd v Brisbane City Council [2017] QPEC 13 dismissed an appeal by Delta Contractors (Aust) Pty Ltd against the Brisbane City Council’s refusal of its development application for a development permit for a material change of use for a warehouse with an ancillary office and […]

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A change to a proposed service station, carwash facility and drive through restaurant was declared to be a minor change

The Planning and Environment Court in King of Gifts (Qld) Pty Ltd & Anor v Redland City Council & Anor [2017] QPEC 15 declared that a change to a proposed service station, carwash facility and drive through restaurant was a minor change. The changes to the proposed development comprised the following: refining the onsite sewerage […]

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Approval of multiple-dwellings development – all depends on the adequacy of the proposed drainage system

The Planning and Environment Court delivered a decision in the case of Spry v Brisbane City Council & Anor [2017] QPEC 16 which involved a submitter appeal against the decision of the Brisbane City Council to approve a development application for a development permit for 3 multiple-dwellings. The issues in dispute in the appeal concerned […]

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High-rise units (not PPR) rating category was the correct category

Marchesi v Noosa Council – What’s the case about? The Land Court delivered a decision in the case of Marchesi v Noosa Council [2017] QLC 19 which involved an owner’s appeal against a decision of the chief executive officer of Noosa Council on the owner’s objection to the rating category for several parcels of land. The […]

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Death tax? How the superannuation changes may lead to your dependants paying more tax

If you intend to leave your superannuation to a dependant (e.g. your spouse, child or children) by way of pension as opposed to a lump sum, then it is critical that you have your estate plan reviewed in light of the government’s superannuation changes commencing on 1 July 2017.   What are the relevant changes? […]

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