In the media
Combatting modern slavery in property and
construction
The Australian Human Rights Commission and KPMG Banarra
are launching their first of five sector specific guides to help
Australian businesses understand and manage their modern slavery
risks (13 August 2020).
More...
Covid-19 pressure pushes office tenants to give up
space
Vacancy in Australia's previously-strong CBD office
markets has increased a modest 1.2 per cent over the six months to
July 2020 (13 August 2020).
More...
Government policy widening affordable housing gap
Housing tax incentives and monetary and prudential policy
settings have curtailed efforts to "arrest the slide" in
social and affordable housing supply, according to findings from a
new report (12 August 2020).
More...
Retailers still prepared to commit to long leases:
SCA
Specialty tenants are still prepared to commit to
long-term leases with fixed annual increases, despite growing calls
from retailers for more flexible rental agreements, said SCA
Property Group chief executive officer Anthony Mellowes (11 August
2020).
More...
June housing finance follows COVID rollercoaster
Following the historic fall in the value of loans in May,
the June 2020 Lending to Households and Business figures released
by the Australian Bureau of Statistics, show the value of new loan
commitments for housing has rebounded, according to the Real Estate
Institute of Australia (05 August 2020).
More...
HIA: Housing finance national release June 2020
Housing finance figures released show that home buyers
were tentatively returning to the market in June in response to the
initial easing of COVID-19 related restrictions and the
announcement of the HomeBuilder program," commented HIA Senior
Economist, Geordan Murray (05 August 2020).
More...
Pandemic may pave way for better urban planning
How we plan and develop urban areas, build infrastructure
and respond to the needs of growing populations are factors
determining the long-term prosperity of cities and people,
according to the United Nations' latest sustainable development
goals report (31 July 2020).
More...
Victoria
Property developers plough ahead with new projects
despite coronavirus housing fears
Melbourne might be one of the most tightly locked-down
cities in the world right now, but a welter of recent property
deals shows developers are betting on a rapid return to normality
(13 August 2020).
More...
Melbourne office vacancy rate rises but fundamental
strengths remain
The PCA 's July 2020 Office Market Report revealed
Melbourne CBD office vacancy rate at 5.8 per cent, up from a
historically low 3.2 per cent six months ago, which is part of the
country's first net rise in vacancies in four and a half years
(13 August 2020).
More...
NSW
Pyrmont plan pegs key development sites, metro
station
A new metro rail station and The Star site in Pyrmont are
key components of the New South Wales government's 20-year
vision to revitalise the inner Sydney precinct under the new
Pyrmont Peninsula economic development strategy, which proposes a
planning framework for the area to 2041 (12 August 2020).
More...
$250 million boost for public spaces
Treasurer Dominic Perrottet said local councils that focus
on fast-tracking development assessments for projects that deliver
much-needed jobs and housing will be eligible for up to $5.5
million each in funding for parklands, town squares and main
streets (05 August 2020).
More...
Queensland
Morgan Stanley backs Homecorp build-to-rent bid
Homecorp Property Group will now join with Morgan Stanley
to complete a $200 million build-to-rent precinct on the Gold Coast
(12 August 2020).
More...
PCA: South East Queensland office vacancy stable
Australian CBD office vacancy increased from 8.0 per cent
to 9.2 per cent over the six months to July 2020 with flat –
not falling – tenant demand, according to the Property
Council of Australia's Office Market Report. Vacancy in
Brisbane CBD increased from 12.7 to 12.9 per cent over the past six
months" ( released August 2020).
More...
New regulatory regime set to rein in
developers
Developers tendering for work across Queensland will be
required to hold licences under new legislation passed last month
(11 August 2020).
More...
Stimulus package to support or create more than 1500
jobs in SEQ
The Premier has announced $50 million in projects across
South East Queensland as part of the state's economic recovery
plan to create jobs and build important shovel-ready community
infrastructure (11 August 2020). More...
Cornerstone plots Fortitude Valley tower
Brisbane-based developer Cornerstone is pushing ahead with
a major commercial project in Brisbane's Fortitude Valley,
lodging plans for a high-rise commercial tower alongside the
landmark McWhirters building (10 August 2020).
More...
Alceon lodges plans for $200m Albion precinct
Boutique fund manager Alceon has lodged plans for a $200
million mixed-use development on the site of the 10-storey Tatts
Group office tower in Brisbane's inner north (07 August 2020).
More...
Gold Coast airport rail plans pick up steam
Plans are picking up steam to connect the Gold Coast light
rail to the airport and create a pedestrian "ocean-way"
along Palm Beach (07 August 2020).
More...
PCA: Queensland invests in $200 million Catalyst
Infrastructure Fund
The Building Acceleration Fund will provide zero interest
loans for trunk infrastructure projects ready to commence
construction within 12 months, and that demonstrate substantial
flow-on economic benefits to local communities (06 August 2020).
More...
Spit master plan projects injecting millions into local
economy
Construction tenders have been awarded for two projects
being delivered under the Spit Master Plan, creating 17 jobs for
Gold Coasters (04 August 2020).
More...
In practice and courts
Commonwealth
API: Exposure Draft Valuation Guidance paper
The API/PINZ Valuation Guidance Paper
(VGP) – Considerations when forming an
opinion of value when there is a shortage of market transactions
has been released as an Exposure Draft. Please
click here to access the Exposure Draft. The
Standards Steering Committee has approved this release and
encourages Members and stakeholders to review the Exposure Draft
VGP and invites comment and feedback by 5 September 2020 (05 August
2020).
PC issue paper: National Water Reform
This issues paper was released on 26 May 2020 to guide
people in preparing a submission. It outlines a range of issues on
which the Commission is seeking information and feedback by 21
August 2020.
More...
Australian Bushfires Disaster Emergency Declaration
— Understanding your privacy obligations
The Attorney-General has made the Privacy
(Australian Bushfires Disaster) Emergency Declaration (No. 1)
2020 (the emergency declaration) under Part VIA of the Privacy
Act 1988 (Cth) (Privacy Act). The emergency declaration was made in
response to bushfires in Australia resulting in death, injury and
property damage occurring from August 2019 into 2020.The emergency
declaration expires on 20 January 2021.
NSW
NSW Revenue: Stamp duty changes for first home
buyers
The NSW Government has announced that the threshold above
which transfer (stamp) duty is charged on new homes for first home
buyers will increase from the current $650,000 to $800,000, with
the concession reducing on higher values before phasing out at $1
million. The new transfer (stamp) duty threshold will be in place
for 12 months and will apply to contracts executed from 1 August
2020 to 31 July 2021. More...
NSW revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract
date.
More...
Queensland
PCA submissions: Gold Coast property
market
The Property Council has written to the Chair of the City
of Gold Coast's Economy, Planning and Environment Committee to
seek support for measures that will support the Gold Coast property
industry as it recovers from COVID. To view the Property
Council's full letter, please click
here (06 August 2020).
Business Queensland reminder: Negotiating commercial
rent relief during COVID-19
The
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 (the Regulation) came into effect on
28 May 2020. The Regulation implements the
National Cabinet mandatory code of conduct - SME commercial leasing
principles during COVID-19 (the Code) in Queensland.
The regulation has effect from 29 March to 30 September 2020 (the
COVID-19 emergency response period). During this period, if a
tenant with an
affected lease fails to pay rent or outgoings, or is unable to
open, the landlord cannot start court or tribunal proceedings
(known as a
prescribed action).
Revised Queensland Titles Registry fees will take effect
from 1 August 2020
The revised fees are prescribed in the Natural Resources,
Mines and Energy Legislation (Fees) Amendment Regulation 2020 which
is available on the Office of the Queensland Parliamentary Counsel
website.
A summary listing the revised Titles Registry fees that will apply
from 1 August 2020 are
here.
The Titles Registry online fee calculator will be updated on 1
August 2020 to reflect the revised fees that commence on that
date.
Have your say: Planning support measures
We are consulting on proposed changes to the Development
Assessment Rules (DA Rules), Minister's
Guidelines and Rules (MGR) and the Planning
Regulation 2017. You can have your say on the DA Rules, MGR and the
Planning Regulation (economic recovery initiatives) until 7 August
2020. To have your say on the proposed changes, please click
here.
COVID-19 Update on Courts, Commissions, Tribunals,
Property law
QLS will provide up to date information on our website
regarding the evolving COVID-19 situation and the response of the
Courts, Commissions, and Tribunals in Queensland (updated July
2020).
Extension or suspension of planning framework periods under the Act
-
Extension to timeframes for undertaking approved development -
This notice applies to all of the State of Queensland and has
effect from 8 July 2020 to 31 October 2020.
Queensland Planning Legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19.
Learn more Note Temporary use licence updated to 04 August
2020.
DAMS and SPP IMS Updates
5 August 2020 - Powerlink easement
The mapping amendment includes: Newly acquired easements
and land interests and new network infrastructure.
More...
Queensland Government Consultations
Manly Boat Harbour Community Engagement
Have your say on what you value about the harbour and what you
would like to see in the future. Open until 14 August 2020.
Current place name proposals
Comment on a proposal - All proposals listed here have a
public consultation period
Job number 19-017: Dundula Creek
Closing date for comments: 14 August 2020
New or expanded cropping
The Queensland Government will defer the commencement of
the new or expanded commercial cropping and horticulture activities
requirement (known as ERA 13A), under the Reef protection
regulations until 1 June 2021. The deferment is in direct response
to COVID-19 (coronavirus) and ensures the agricultural community
has a suitable amount of time to prepare for the changes.
More...
Cases
Parmenter v MB Built Surrey Hills Pty Ltd (Building and
Property) [2020] VCAT
819
Domestic Building Contracts Act 1995 – s.8 –
implied warranties – s.31(1) – description of domestic
building work in contract – short description in general
terms – no specifications - neither plans nor quotation
referred to or annexed to contract document – recourse to
both permitted to determine extent of work to be carried out -
s.40(3) – builder not to demand, receive or retain amount not
directly related to the progress of the building work –
intending builder demanding and receiving deposit and second
instalment under proposed contract before contract executed or work
commenced – proposed contract not entered into –
subsequent building contract with related company – payments
passed to related company – whether breach of section - claim
by builder that building period not to commence until other work
done – no such provision in contract – claim for
rectification – no proof of common intention–
rectification not available – alleged collateral contract
requiring builder to engage third party as supervisor - third party
claiming authority to bind owner –owner denying authority
– no evidence of authority– alleged agent not called
– authority not proven– agreement that owner would pay
amount to third party for supervising contract – builder
nonetheless liable for statutory warranties under s.8 –
supervision that of builder, not owner – allegation that
owner responsible for supervision of domestic building work
inconsistent with s.9 and s.132 – any such agreement void
– Building Act 1993 s.169F(2)(c) – builder allowing
unlicensed third party to carry out domestic building work -
unlawful unless done as sub-contractor of builder –
instalment to be paid on "Installation" – term not
defined – no cabinetry installed ordered or paid for –
installation stage not reached – refusal by Builder to
continue work unless stage payment made and complaint to BDRV
withdrawn – builder not entitled to payment - whether
repudiation by builder – owner changing locks to secure site
– whether serious breach or repudiation by owner - owner
serving notice of breach under contract – whether a composite
notice – whether service of notice a breach – whether
notice in accordance with contract – acceptance of
repudiation by owner – termination on one ground effective if
valid alternate ground available – damages – work
completed by owner as owner-builder – amount expended and
claimed less than reasonable cost of completing work – amount
spent in regard to the scope of works allowed – no separate
costing of defective work – rectification included in amount
claimed. Order the Respondent to pay to the Applicant
$61,546.20.
Amato v JAS Property Developments Pty Ltd & Anor (No
3) [2020] VSC 480
INJUNCTION – Application for extension of
interlocutory injunction – contract of sale of property
between plaintiff and first defendant – licence to occupy
pending settlement of sale – second defendant as mortgagee
over property intends to exercise power of sale – notice to
vacate issued to plaintiff – whether serious question to be
tried as to second defendant's knowledge and involvement in
contract of sale and licence – whether balance of convenience
favours continuation of injunction – extension granted
– Australian Broadcasting Corporation v O'Neill
[2006] HCA 46; (2006) 227 CLR 57.
Adaz Nominees Pty Ltd v Castleway Pty Ltd
[2020] VSCA 201
CONTRACT – principles of construction of commercial
contracts – remuneration under services agreement calculated
as a percentage of taxable income – whether express terms
only permitted expenses related to normal business activities to be
taken into account in the calculation of the remuneration –
whether a term implied as a matter of fact whereby only expenses
related to normal business activities taken into account in the
calculation of the remuneration – term alleged to be implied
as a matter of fact inconsistent with express terms – whether
certain expenses should not be taken into account in calculation of
remuneration
CONTRACT – principles in relation to terms implied by law
– terms implied as a matter of law whereby each party obliged
to do all things necessary to enable the other party to have the
benefit of the contract and not hinder or prevent the fulfilment of
the purpose of the express promises – whether a substantial
charitable donation a breach of the implied term –
Secured Income Real Estate (Australia) Ltd v St Martins
Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596,
Commonwealth Bank of Australia v Barker [2014] HCA 32;
(2014) 253 CLR 169, Byrne v Australian Airlines (1995) 185
CLR 410, considered
CONTRACT – commission payable under the contract on
'Introduced Projects' – whether projects were
'Introduced Projects' within the meaning of the
contract
TORT – conspiracy and breach of directors' duties –
whether applicants conspired to injure respondents by unlawful
means or acted with the predominant purpose of injuring them, and
whether applicants breached directors' duties – trial
judge accepted directors' evidence as to purpose – trial
judge's findings not 'glaringly improbable' or
inconsistent with 'incontrovertible' evidence
INTEREST – whether undisputed invoices were payable under the
terms of the agreement prior to resolution of disputes.
Aventus Cranbourne Thompsons Road Pty Ltd v Home Consortium
Leasehold Pty Ltd [2020] VSCA
199
LANDLORD AND TENANT – long term lease of large
retail premises in shopping centre complex – tenant ceased
trading and sought to sublease part of premises – whether
proposed sublease was permitted under lease – meaning of
'Home Improvement Store' – whether landlord
unreasonably withheld consent to proposed sublease –
application for leave to appeal granted – appeal allowed.
Caradi Pty Ltd v Secretary, Department of
Transport [2020] VSCA
197
LAND ACQUISITION AND COMPENSATION – compulsory
acquisition of whole of land for Melbourne Convention Centre car
park – land situated in Fishermans Bend Urban Renewal Area
– appeal from determination by judge in Trial Division of
market value of land and availability of compensation for costs of
acquiring replacement land – whether valuations based on
highest and best use of land – whether remediation costs had
to be deducted or whether general allowance could be made –
whether valuers considered sufficiently large number of comparable
sales – relevance of sales after date of acquisition in
rapidly rising market – whether applicant entitled to
replacement land costs – leave to appeal granted –
appeal dismissed – Spencer v Commonwealth (1907) 5
CLR 418; ISPT Pty Ltd v Melbourne City Council [2008] VSCA
180; (2008) 20 VR 447 applied; Secretary, Department of
Economic Development, Jobs, Transport and Resources v Manor Lakes
(Werribee) Pty Ltd [2017] 224 LGERA 195; Western
Australian Planning Commission v Arcus [2003] WASCA 295;
Brisbane City Council v Mio Art Pty Ltd [2011] 2 Qd R 1
considered – Land Acquisition and Compensation Act 1986 ss
40, 41(1)(d), 41(1)(f); Valuation of Land Act 1960 s 5A.
Leeda Projects Pty Ltd v Zeng [2020]
VSCA 192
CONTRACT – breach – damages – fit-out of
private art gallery and residence – builder failed to
complete works in reasonable time – owner did not intend to
reside at or rent property during delay period – whether
owner entitled to damages for loss of use and enjoyment –
Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54;
(1991) 174 CLR 64, Robinson v Harman [1848] EngR 135;
(1848) 1 Exch 850, Hadley v Baxendale [1854] EngR 296;
(1854) 9 Exch 341, applied – Calabar Properties Ltd v
Stitcher [1984] 1 WLR 287, Sweeney v R & D Coffey Pty
Ltd [1999] NSWCA 38, GEC Marconi Systems Pty Ltd v BHP
Information Technology Pty Ltd [2003] FCA 50; (2003) 128 FCR
1, Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC
1463, Vautin v BY Winddown, Inc [No 4] [2018] FCA 426;
(2018) 362 ALR 702, Wyzenbeek v Australasian Marine Imports Pty
Ltd [No 2] [2018] FCA 1517, Bella Casa Ltd v Vinestone
Ltd [2005] EWHC 2807, considered – loss of use and
enjoyment of land compensable – whether property owner
entitled to damages measured as commercial rental value of property
for delay period – rental value not default measure –
appropriate measure dictated by facts of case – rental value
inappropriate measure where no intention to reside at or rent
property – appeal allowed
CONTRACT – breach – damages for loss of use and
enjoyment of property – whether property owner entitled to
damages measured as wasted expenditure on property during delay
period – availability of damages for wasted expenditure
governed by general principles of contractual damages –
payments made in respect of property during delay without benefit
to owner appropriate measure of damages for loss of use – the
Owners of the Steamship 'Mediana' v The Owners, Master
and Crew of the Lightship 'Comet' [1900] AC 113,
Pix v Suncoast Marine Pty Ltd [2019] QSC 45, considered
– notice of contention upheld
PRACTICE AND PROCEDURE – appeal from Victorian Civil and
Administrative Tribunal on question of law – Judge decided
issues of mitigation and costs – whether issues suitable to
decide or required remittal – Osland v Secretary,
Department of Justice [2010] HCA 24; (2010) 241 CLR 320,
applied – Hoser v Department of Sustainability and
Environment [2014] VSCA 206; (2014) 203 LGERA 96, considered
– considerations of convenience may permit Court to decide
issue on uncontested facts found by Tribunal – issue of
mitigation appropriately decided on basis of uncontested findings
and written submissions, avoiding further delay – issue of
costs complex and evaluative and required consideration by the
Tribunal – Victorian Civil and Administrative Tribunal Act
1998 s 148(1).
Happy
Lounge Pty Ltd v Choi & Lee Pty Ltd and Anor
[2020] QDC 184
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
FRUSTRATION – where the applicant entered into a contract
with the first respondent for the sale of a bar and lounge –
where the second respondents guaranteed performance of the first
respondent's obligations – whether government orders
related to the COVID-19 pandemic frustrated the contract
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – where the
respondents allege the applicant breached its obligations under the
contract – whether the applicant breached its contractual
obligations by failing to obtain the consent of the mortgagee to
the assignment of the lease – whether the applicant breached
its contractual obligations by failing to provide evidence of the
value of the stock – whether the first respondent is entitled
to a refund of the deposit paid
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES CONSTRUCTION AND
INTERPRETATION OF CONTRACTS – ILLEGALITY – where the
respondents allege the applicant breached its obligations under the
contract to operate the bar and lounge as a going concern and in
the usual way – where government orders related to the
COVID-19 pandemic made it illegal for the bar and lounge to
continue operating – whether the applicant is liable for such
breaches.
Pickering,
Re [2020] QLC 29
ENERGY AND RESOURCES – MINERALS – COURTS OR
TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS –
QUEENSLAND – OTHER COURTS OR TRIBUNALS – where a
small-scale gold miner applied for two mining leases near the
Palmer River in far north Queensland – where the owner of the
cattle station on which one of the leases was situated objected to
the grant of both leases – where that sole objector was a
non-active objector and did not appear at the hearing –
whether to recommend the grant of the leases under s 269 of the
Mineral Resources Act 1989 – consideration of the factors in
s 269(4) of the Mineral Resources Act 1989 – where the Court
recommended the grant of both leases
Mineral Resources Act 1989 Qld s 269.
Kings
of Gifts (Qld) Pty Ltd v Redland City Council &
Anor [2020] QPEC
42
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING
AUTHORITY – PUBLIC INTEREST – where the appellant
applied to the respondent for a material change of use permit to
develop land for a service station with associated car wash
facility, drive through restaurant and on-site effluent disposal
irrigation area – where the land was in the Environmental
Protection Zone and Open Space Zone of the Redlands Planning Scheme
2012 Version 4 – where the land was within the Bushland
Living Precinct and the Greenspace Network in the Kinross Road
Structure Plan Area in the Redlands Planning Scheme – where
the proposed development complies with the ecological provisions of
the Environmental Protection Zone Code and the Kinross Road
Structure Plan Overlay Code – where the proposed development
conflicts with the Redlands Planning Scheme by proposing to locate
uses that are nominated as inconsistent uses in the zone and
because the uses are not low-key in nature – where the
proposed development complies with the planning rationale for
limiting the uses to low-key uses – where, under s 326(1)(b)
of the Sustainable Planning Act 2009 (Qld), the uses can be
approved provided there are sufficient matters of public interest
to warrant approval – whether there are sufficient grounds to
justify approval
Planning Act 2016 Qld s 311; Sustainable Planning Act 2009 Qld s
314, s 324, s 326, s 493, s 495.
K&K
(GC) Pty Ltd v Gold Coast City Council [2020]
QPEC 40
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT CONTROL – MATTERS FOR CONSIDERATION OF PLANNING
AUTHORITY – PUBLIC INTEREST – where the appellant
applied to the respondent for a material change of use permit to
develop land for a service station, convenience store, take-away
food premises and a fast food drive through premises – where
the land was in the Detached Dwelling Domain and the Residential
Choice Domain of the Gold Coast Planning Scheme 2003 – where
the proposed use for fast food premises and take-away food premises
conflict with the 2003 Planning Scheme and should be considered
"undesirable or inappropriate" – where, under s
326(1)(b) of the Sustainable Planning Act 2009 (Qld), the uses can
be approved provided there are sufficient matters of public
interest to warrant approval – whether there are sufficient
grounds to justify approval
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT CONTROL
– MATTERS FOR CONSIDERATION OF PLANNING AUTHORITY –
CONSIDERATION OF WEIGHT TO BE GIVEN TO NEW PLANNING SCHEME –
where City Plan 2016 commenced after the development application
was made – where the proposed service station use was not
supported by City Plan 2016 – where s 495 of the Sustainable
Planning Act 2009 gives a broad discretion to afford weight to a
new planning scheme – whether conflict with City Plan 2016
should be given determinative weight
Planning Act 2016 Qld s 311; Sustainable Planning Act 2009 Qld s
311, s 314, s 324, s 326, s 493, s 495.
Cases to 10 August 2020
Dixi-Lee
Pty Ltd t/as Fresh Made Café v A & M Investments Pty
Ltd [2020] QCAT
297
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – where the dispute as to whether a
lease exists between the parties – where the parties executed
an Offer to Lease – where the respondent sought to withdraw
the Offer to Lease – whether the Respondent is bound by the
Offer to Lease – whether the Offer to Lease could be
withdrawn. Retail Shop Leases Act 1994 Qld.
Equity
2 Pty Ltd v Best Price Real Estate Pty [2020]
QDC 180
CONVEYANCING – THE CONTRACT AND CONDITIONS OF SALE
– AGENT'S COMMISSION – where the applicant was
appointed as the exclusive agent to market and sell property
– where the respondent introduced a buyer to the applicant
– where a conjunction agreement was entered into entitling
the respondent to a share of the commission contingent upon the
sale to the nominated buyer – where the property was sold to
a different buyer – where a portion of the commission was
distributed to the respondent – whether the respondent was
the effective cause of sale of the property – whether the
respondent is entitled to a share of the commission pursuant to the
conjunction agreement
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– whether there is an implied term in the conjunction
agreement that the respondent is entitled to a share of the
commission notwithstanding the property was sold to a different
buyer and the respondent was not the effective cause of sale of the
property – whether the applicant acted in breach of an
implied duty to cooperate – whether the applicant acted in
breach of an implied duty to act in good faith in the performance
of the contract
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– PLEADINGS – STRIKING OUT – DISCLOSING NO
REASONABLE CAUSE OF ACTION OF DEFENCE – where the plaintiff
seeks orders that the defendant's defence be struck out –
whether the defendant discloses a reasonable defence –
whether leave should be granted to re-plead
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL –
SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT – where the
plaintiff seeks summary judgment against the defendant –
whether the defendant has any real prospect of defending the claim
– whether there is a need for a trial.
Legislation
Commonwealth
Greenhouse
and Energy Minimum Standards (Exemption) Instrument (No. 2)
2020
06/08/2020 - This instrument specifies models of
Greenhouse and Energy Minimum Standards (GEMS) products that the
GEMS Regulator has exempted from the requirements of Schedule 2 of
the Greenhouse and Energy Minimum Standards (Air Conditioners up to
65kW) Determination 2019.
Queensland
Environmental Protection and Other Legislation Amendment
Bill 2020
Stage reached: 2nd reading to be moved on 3/08/2020
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
