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 […]
ReadmoreLandlords beware – Ipso facto reforms further restrict your rights on insolvency default
On 1 July 2018, the new Insolvency Law reforms in relation to the restrictions on “Ipso Facto” clauses came into force (see new s.415D, s.434J and s.451E of the Corporations Act). In short, the Ipso Facto reforms create an automatic stay on a party’s right to enforce a provision to terminate or amend a Contract […]
ReadmoreMalicious or criminal attacks the main cause of notifiable data breaches
The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC). The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]
ReadmoreCompany 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 […]
ReadmoreApplication 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. […]
ReadmoreBrisbane’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 […]
ReadmoreChanges 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 […]
ReadmoreMajor 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” […]
ReadmoreThe first reported foreclosure in Queensland for 35 years – an innovative litigation solution
In June 2018, we assisted one of our government clients to achieve an innovative solution that delivered benefit for both the agency and its defaulting borrower whose security property was in significant negative equity – the first reported foreclosure in Queensland since 1981. The result provided the agency with protection, control and costs savings, and […]
ReadmoreLet the Court decide – administrator and equitable liens
In White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson,[1] the Full Court of the Federal Court of Australia considered whether administrators were entitled to an equitable lien over property owned by a company or a third party to recover fees and costs incurred in an administration. This arose in circumstances where […]
ReadmoreFreezing orders – a refresher
What is a freezing order? Previously known as a Mareva order, a freezing order is an interlocutory order restraining a person or corporation from removing any assets located in or outside Australia or from disposing of, dealing with or diminishing the value of, those assets. What is the purpose of a freezing order? The purpose […]
ReadmoreVoluntary Administrators – entitlement to an equitable or statutory lien over funds held on trust
In the recent decision of Trenfield, in the matter of Crusaders Managers Pty Ltd (Administrators Appointed)[1], the Federal Court of Australia considered whether the voluntary administrators of a company (whose sole purpose was to act as the trustee of a trust), should be appointed as receivers and managers of a trust in order to deal […]
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