Call for submissions on the Better Apartments Draft Design Standards
Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
ReadmoreUnfair contract terms
The Australian Competition and Consumer Commission (ACCC) has announced that it is taking waste management company JJ Richards to court over alleged breaches of the unfair contracts regime under the Australian Consumer Law [1] (ACL). The unfair contracts terms provisions of the ACL were extended to apply to standard form contracts involving small businesses from […]
ReadmoreVictorian Government demonstrates commitment to renewable energy with ambitious targets
The Andrews Government has demonstrated its commitment to the renewable energy industry and combating climate change by introducing a bill to the Victorian parliament last Thursday which will legislate ambitious new renewable energy targets. Partner Meg Lee and Senior Associate Kate Kirby report. What is the target? The new Victorian renewable energy targets (VRETs) […]
ReadmoreSetting the standard for PFAS management in Australia – PFAS NEPM consultation paper released
Australia and New Zealand have moved one step closer to establishing a framework to manage PFAS, a manufactured chemical which has emerged as a contaminant of concern worldwide over the recent years and this year has been the basis for two class actions in Australia. PFAS, short for per-and poly-fluoroalkyl substances, has become an issue […]
ReadmoreVictorian Government implements first stage of environmental protection overhaul
The Victorian Government recently introduced a bill to parliament as the first stage of the long anticipated overhaul to Victorian environmental protection legislation. 1. Background In 2016, an independent ministerial advisory committee conducted an inquiry into the Environment Protection Authority Victoria (EPA). As previously reported by Partner, Meg Lee, and lawyer, Linda Choi, the […]
ReadmoreChanges to the Domestic Building Contracts Regulations
Effective from 1 August 2017 there will be a number of changes to regulations under the Domestic Building Contracts Act 1995 (Vic) (Act). Major Domestic Building Contracts Major domestic building contract is now defined as a domestic building contract where the contract sum is more than $10,000 (previously $5,000).1 If the contract sum for […]
ReadmoreCB Cold Storage
The Victorian Court of Appeal has now confirmed Croft J’s decision in CB Cold Storage Pty Ltd v IMCC Group Pty Ltd [2017] VSC 23 that a lease of a wholesale cold storage facility is a “retail premises lease” caught by the provisions of the Retail Leases Act (RLA), dismissing an appeal by the landlord […]
ReadmoreCommercial 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 […]
ReadmoreLandlords 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 […]
ReadmoreAlignment 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 […]
Readmore2017/2018 State and Federal Budgets: new and revised taxation measures
1. Proposed Vacant Residential Land Tax (VRLT) The Victorian Government recently announced a proposal for vacant residential land tax. These changes are contained within Part 4 of the State Taxation Acts Amendment Bill 2017 (Vic) (‘the Bill’) and will alter the Land Tax Act 2005 (Vic). The Bill is expected to be passed in June […]
ReadmoreDeveloper left in the dark as builder garnishes $11 Million from developer’s bank account without notice
In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]
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