In the media
Tenant takes landlord to court over $1.65
The legalities of rental payment systems in Victoria have been thrown into question after a tenant successfully took his landlord to tribunal over additional charges to his rent payments (09 July 2013)
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Southern hemisphere’s tallest building shelved
Fender Katsalidis Architects, the consortium behind the landmark Australia 108 building earmarked for 70 Southbank Boulevard, has confirmed it is redesigning plans for the site after a ”hybrid of requirements”, from bodies such as VicRoads and the Civil Aviation Safety Authority, rendered the proposal ”impossible” (06 July 2013)
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Red tape blitz to cut planning times
One in six planning permits will be spared long delays under the Victorian Coalition Government’s new red tape busting planning system, VicSmart. Councils will set straight forward rules and if an applicant meets those rules, then a permit will be issued within ten working days (05 July 2013)
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There will be winners and losers in the move
Retailers in street shopping strips and apartment developers may be the big losers under far-reaching changes to Victoria’s planning laws that take effect this week, planners and estate agents say. The changes delete nine existing zones, replace them with five new ones and alter 12 others and came into effect this week (03 July 2013)
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Melbourne sales surge
The value of commercial sales in Melbourne for the 2013 financial year grew by 22 per cent, according to Knight Frank.The combined value of office, retail and industrial sales was $2.962 billion this financial year, compared with $2.31 billion the previous year (29 June 2013)
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Community invited to share its vision for Ballarat Station Precinct
The Victorian Coalition Government is undertaking a master planning project, in partnership with the City of Ballarat, to examine the role of the precinct as a transport hub and the opportunity to unlock under-used land and structures within the site for transport and other activities and purposes (27 June 2013)
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Cases
Balcombe Griffiths Pty Ltd & Ors v Corowa Central Pty Ltd & Ors (Owners Corporations) [2013] VCAT 1011
Alteration of plan of subdivision-resolution of members not unanimous-application to the Tribunal for consent on behalf of non consenting members-Subdivision Act 1988 s32, 34D
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Grigg v Towonga SC & Anor (includes Summary) (Red Dot) [2013] VCAT 956
Permit sought for stock yards and shelter in a Farming Zone
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE PRACTICE OR PROCEDURE –Question raised whether stock yards constitute a building as defined under the Planning and Environment Act 1987 and therefore required a permit pursuant to Farming Zone.
APPLICATION –As far as can be identified the question of whether stock yards falls within the definition of ‘building’ as defined under the P&E Act not encountered before.
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Decleah Investments Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2013] VCAT 1002
Land Tax Act 2005 – ss 15 and 16, Review of Respondent’s decision to disallow objections of Applicant to land tax assessments for years 2006-2009, Taxation Administration Act 1997 – s 98 and para 106(1)(a), credibility and reliability of Applicant’s sole Director, validity of contracts of sale, contractual provision conferring deemed early possession – genuine or enforceable, meaning of ‘taken possession’, exercise of discretion under sub-s 16(3) Land Tax Act 2005, Oakbee Pty Ltd v Commissioner of State Revenue (Taxation) [2012] VCAT 1984 not followed, Applicant deemed owner of all Lots at relevant time, objections dismissed, Respondent’s assessments affirmed with variations.
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Contact Us
James Price Partner
Direct Line: (03) 9605 0824
jprice@millsoakley.com.au