Impact on mortgagees of a bankruptcy trustee’s disclaimer of mortgaged land

A mortgagee may be faced with a situation where the mortgagor becomes bankrupt and the trustee, in which the property then vests, disclaims the mortgaged property. We outline the process a mortgagee is required to follow when a mortgaged property has been disclaimed and summarise the key issues considered by the Court. Click below to […]

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Noosa Shire Council enforcement notices for unlawful vegetation clearing held to be defective

In April 2019, Noosa Shire Council issued multiple enforcement notices to the joint owners of a large rural parcel alleging unlawful vegetation clearing being a development offence under the Planning Act 2016 (Qld) (PA). All of the recipients appealed against the enforcement notices to the Planning and Environment Court which in Serratore & Anor v […]

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Councillor roles in development matters

The conduct of councillors in development matters and their dealings with developers and submitters is often controversial and can pose corruption and misconduct risks. To assist councillors and others manage this engagement, the Office of the Independent Assessor (OIA) has released guidance. The OIA is an independent statutory body responsible for assessing, investigating and prosecuting […]

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Coastal Adaption Planning

Like other coastal councils in Queensland, the City of Gold Coast is focused on managing coastal adaption. To this end, Council’s Coast Adaption Plan (CAP) is the latest step from Council and is intended to guide future investigations and actions. Background The City of Gold Coast is one of Australia’s most iconic coastal cities with […]

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Countering Victoria’s Land Tax Grab

Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]

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The new General Environmental Duty – What does this mean for directors?

Victoria’s approach to environmental protection and human health is changing soon. Coming into effect from 1 July 2021, the General Environmental Duty (GED) will be the cornerstone of the new Environment Protection Amendment Act 2018 (Vic) (EPA Act). The new GED will require all Victorian businesses and individuals to take proactive steps to prevent and […]

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Amendment VC194: Fast track of state and local infrastructure projects

Amendment VC194 (Amendment) was gazetted by the Minister for Planning earlier this week. The Amendment inserts two new particular provisions at clauses 52.30 (State projects) and 52.31 (Local government projects) into the VIC Planning Provisions and all local planning schemes. Fast track of state and local infrastructure projects   The new particular provisions provide planning permit […]

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COVID-19 | Reminder to Landlords: 2020 land tax relief applications close soon

This article is issued as a timely reminder to Landlords who intend to seek COVID-19 land tax relief for the 2020 land tax year. Applications for relief in New South Wales and Victoria must be lodged prior to 31 March 2021. In this update, we summarise the application process, eligibility criteria and evidentiary requirements for […]

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Changes to the Owners Corporations Act – what developers need to know

Developers have an obligation to act honestly, in good faith and with due care and diligence in the best interests of the Owners Corporation created on registration of a plan of subdivision for a development under the Owners Corporations Act 2006 (Vic) (OC Act). There has therefore been a tension between the developer’s obligation to […]

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Further Regulations see the Commercial Tenancy Relief Scheme extended to 28 March 2021

Just in time for Christmas, the Victorian Government has extended the relevant period under the Commercial Tenancy Relief Scheme from 31 December 2021 until 28 March 2021, the date on which the enabling legislation is also scheduled to expire. The extension occurs via the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Amendment Regulations 2020 […]

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Pasta manufacturer not ‘retail premises’ under the Retail Leases Act 2003

In the recent decision of A. G. & F. Italiano Pty Ltd v Rovigo Pty Ltd[1] the Tribunal considered whether a premises which sells pre-packaged Italian produce predominately via online and telephone sales is a ‘retail premises’ used wholly or predominantly for the sale of goods by retail as defined by the Retail Leases Act […]

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A New Year, a new beginning, and a new foreign investment regime

On 5 June 2020, the Treasurer announced major reforms to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). The reforms are intended to strengthen the foreign investment framework and ensure that the framework keeps pace with emerging national security risks and global developments. On 18 September 2020, the Federal Government released exposure draft legislation […]

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