Continuing Professional Development – 31 March 2020 | Representations, warranties and indemnities and their relevance for contracting

Below you will find the recording from our recent Continuing Professional Development morning, hosted via webinar on Tuesday, 31 March 2020. If you have any queries regarding the session topic, or related issues, please do not hesitate to get in touch with the presenter or our wider team. Representations, warranties and indemnities and their relevance […]

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The importance of owner’s consent

Where the applicant for a development application is not the owner of the land to which the application applies, the application is required to be supported by the written consent of the owner of the land to the application applies in a range of circumstances. The need for, and consequences of, not providing owner’s consent […]

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Changing development approvals – don’t take the Court’s discretion for granted

The lack of unit sales associated with a development to be constructed in accordance with a development permit for 20 multiple dwelling units and a shopping complex (Development Approval), forced a Sunshine Coast developer to reconsider its options for the delivery of its project. To address financing and project delivery issues, the developer sought to amend […]

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New koala protections for South East Queensland

Koala populations have been in long-term decline in South East Queensland with estimates that koala numbers have decreased by 50-80 percent in key habitat areas over the last 20 years. To address this situation, the Queensland Government released the draft Koala Conservation Strategy (KCS) in December 2019 and has followed this up with a range […]

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Council pays the price for taking enforcement action against the wrong party

Background Gold Coast City Council (Council) issued an enforcement notice to the owner of a lot in a community title scheme (CTS).  The lot adjoins a buffer area, which is common property of the CTS (the Buffer Area), and borders Saltwater Creek in Helensvale.  Pursuant to the community management statement for the CTS, the lot […]

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You’re Out of Time … Start Again

In Supreme Renovators Pty Ltd v Logan City Council [2019] QPEC 63 the applicant attempted to convince the Planning and Environment Court (Court) that there were “sufficient grounds” to extend the timeframe for filing an appeal out of time.  The applicant missed its appeal period by approximately two months and one week. The applicant sought two […]

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Clarification of Exemptions for Vegetation Clearing for Bushfire Management Activities

The previous arrangement surrounding clearing vegetation for bushfire management activities was confusing.  The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) which commenced on 6 December 2019, is an attempt to clear up some of this confusion as to the exemptions for vegetation clearing for bushfire management activities.   The amendment A new […]

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Ban on High-Rise Development at The Spit

The Spit Master Plan in 2019 was adopted by the Queensland Government in 2019 after an extensive 18 month planning and consultation period, which attracted more than 23,000 pieces of feedback.[1] The Spit Master Plan is a non-statutory document until introduced into the Gold Coast City Plan 2016, a process likely to take some time.  […]

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Development Agreements, the devil may be in the detail

The New South Wales Supreme Court decision of Crown Sydney Property v Barangaroo Delivery Authority; Lendlease (Millers Point) v Barangaroo Delivery Authority[1] highlights the need for government entities entering commercial agreements, such as development agreements, to judiciously choose the language used and to carefully comply with the terms, or face the potentially costly implications of failing […]

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New development controls to protect koalas in South East Queensland

The koala is an Australian icon and was once commonly found in South East Queensland.  However, as Brisbane and its surrounding communities have grown and expanded, koala populations have dramatically declined as a result of habitat loss and associated impacts from urbanisation.  According to government figures, over the last twenty years, koala populations have decreased […]

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Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

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Stamp duty changes to hit residential developments in Victoria

The Victorian Government is proposing a sweeping reform of the “economic entitlement” provisions of the Victorian duties legislation. The result of the proposed changes would be to effectively bring to duty a common form of project funding and structuring used for residential developments in Victoria. Typically these transactions enable a residential developer to secure rights […]

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