Lease or Licence?

It is common in developments where the developer does not own the land that a developer will enter into a development agreement with the land owner coupled with a construction lease or licence to occupy and construct on the land. The ability to occupy the land is crucial to undertaking the development and if the […]

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Company fined for unlawful clearing of marine plants

In the course of carrying out works on private land fronting the Maroochy River on the Sunshine Coast, a company deposited waste building material and fill over an area of low lying land on the property and an adjacent wetland area. Following a complaint from the public, the Queensland Boating and Fisheries Patrol (QBFP) commenced […]

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Application for summary judgment dismissed by Planning and Environment Court

The Planning and Environment Court has refused an application for a summary judgment in relation to an originating application made by the Council of the City of Gold Coast seeking declarations and consequential orders in respect of non-compliance with conditions of a development approval for a motor vehicle repair station over premises located in Ormeau. […]

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Brisbane’s Future Blueprint

Brisbane is one of the fastest growing cities in Australia and Brisbane City Council has released Brisbane’s Future Blueprint to guide the Council’s actions in shaping the future of Brisbane. While intended to improve planning and development outcomes for the city, the Blueprint presents a number of risks and challenges and has the potential to […]

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Changes to a 15 level multi-unit residential development are not a minor change

The Planning and Environment Court has refused an appeal against the decision of Brisbane City Council to refuse a change application for a minor change to a development approval on the basis that the change would result in ‘substantially different development’. The decision provides useful guidance on the consideration of whether proposed changes are a […]

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Major Victoria Planning Provisions reform with the gazettal of Amendment VC148

Yesterday (31 July 2018), the Victorian Government gazetted Amendment VC148, providing the most significant overhaul of the Victoria Planning Provisions (the VPP) since they were first introduced in 1997. Designed to modernise and simplify the Victorian Planning System, the reforms have been brought in after nearly a year of consultation led by the “Smart Planning” […]

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Recent VCAT decision sets out the limits to when a planning permit can be amended

The Victorian Civil and Administrative Tribunal (VCAT) has considered the limits to when a permit can be amended under section 87A of the Planning and Environment Act 1987 (the Act) in the recent decision in Alkero Development Pty Ltd v Stonnington CC (Red Dot) [2018] VCAT 1120 (Alkero). This decision provides useful guidance to developers […]

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Are you ready for the GST withholding regime?

Changes to the payment of GST on new residential property are due to take effect from 1 July 2018.  The changes are an administrative measure which although not imposing a new tax, do have significant ramifications for property developers as it will impact the settlement process and cash flow. The changes apply to sales of […]

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Use of electronic signatures

Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’.  Therefore, an electronic signature may take the form of an image of an individual’s […]

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A national approach to PFAS contamination

A new National Environment Management Plan (NEMP) has been agreed between State, Territory and Commonwealth Environment Ministers to tackle a persistent environmental contaminant known as “PFAS” (per-and poly-fluoroalkyl substances).  The release of the PFAS NEMP is intended to provide a nationally-consistent approach to the handling, transport, storage and destruction of PFAS contamination.  Partner Meg Lee […]

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The Dangers of Side Letters

Introduction Whilst not a brand new case, we have chosen to review ACN 151 368 124 v Pro-Pac Packaging (Aust) Pty Ltd 20171 because it highlights the dangers of an increasing trend in our industry – use of the side letter to get around formal document negotiation deadlocks and deadlines.  Unfortunately the case highlights that […]

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Heads of Agreement

The Supreme Court of Victoria has confirmed in Casdar Pty Ltd v Joseph Fanous [2017] VSC 616 that a Heads of Agreement signed by a Landlord and Tenant followed by post contractual conduct will not always immediately bind the parties. Casdar Pty Ltd (Landlord) appealed a decision from the Victorian Civil and Administrative Tribunal (VCAT) […]

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