Rates Ruling Update

rates ruling update - Big Law

Rates Ruling Update

Since writing and publishing the article Rates Ruling Could Have Major Effect, some important changes have taken effect.

Readers may recall that the article dealt with the decision in Paton & Ors v Mackay Regional Council, where it was decided that classifying a property by whether the owner-occupied the premises, or rented the premises out, was unfair and illegal method of rates determination.

The crux of the issue was that by classifying the property by occupier, the regional council had classified the property based on the personal capacity of the owner, and not about the capacity of the land.

Following this decision, the Local Government Association of Queensland (LGAQ) backed the councils bid for an appeal. The LGAQ also petitioned the Queensland Government to amend the Local Government Act, to retain the approximately $300 million the councils will receive as a result of this system of classification. The decision also had the potential to mean that councils were liable to pay back the approximately $2.3 billion the system had generated whilst in place.

In response to this, the Queensland Government amended the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014 during consideration in detail before the house.

The Bill was passed in a late sitting of Parliament on the 5th of June. Importantly it provides that councils may now “categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner” and that “it is declared that the council always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated”. It does so by adding section 55B and 269 to the City of Brisbane Act, and 94(1A) and 307 to the Local Government Act. The amendments effectively make the ruling in Paton obsolete.

 

If you have any queries regarding the above, please do not hesitate to contact us at Big Law Solicitors on 1800 431 604 or email us at [email protected].

How We Can Help

Big Law Lawyers Strathpine offers you the same comprehensive suite of legal services that you would expect to only find in the city.

We are a successful well-established legal practice based in Strathpine, Brisbane. We have earned a reputation for providing trustworthy, practical legal advice to a diverse range of clients, in both Brisbane and regional Queensland.

Things to Read

What is an Advance Health Directive & Do You Need One?

In this podcast, Estate Planning Solicitor Elise Jaques explains how an Advance Health Directive works and when do you need one. Elise Jaques Solicitor Make an appointment

What Assets Actually Fall into Your Estate Plan?

In this podcast, Estate Planning Solicitor, Elise Jaques explains what assets actually fall into your estate plan. Elise Jaques Solicitor Make an appointment

How Do I Get an Enduring Power of Attorney in QLD?

Appointing an enduring power of attorney is an important legal step by which someone entrusts another person (the attorney) to make decisions for them during their lifetime. This power can allow the appointed person to make both personal/health and financial decisions for the principal (the person who made the appointment). An enduring power of attorneyRead More »How Do I Get an Enduring Power of Attorney in QLD?

What Happens if I Don’t Have an Enduring Power Of Attorney in QLD?

A person makes an enduring power of attorney (EPOA) to entrust decisions about their personal (including health) and financial affairs to another person when they lose capacity to do so, under the Powers of Attorney Act 1998. The ‘greying’ of Australia, with more people living longer lives, means about one in 10 Australians over theRead More »What Happens if I Don’t Have an Enduring Power Of Attorney in QLD?

Podcasts to Listen to

What Assets Actually Fall into Your Estate Plan?

In this podcast, Estate Planning Solicitor, Elise Jaques explains what assets actually fall into your estate plan. Elise Jaques Solicitor Make an appointment

When Should You Update Your Will?

In this podcast, Estate Planning Solicitor, Elise Jaques explains when should you update your Will.

What is Probate and How Do You Apply for it?

In this podcast, Estate Planning Solicitor, Elise Jaques explains what is a Probate and how you can apply for it.

How to Get the Most Out of Your Estate Planning Appointment

In this podcast, Strathpine Estate Planning Lawyer, Mahendra Mohan discusses a very important document that your executor needs to know about.