In the media
Commonwealth
ICA app shares property hazard data
The Insurance Council of Australia (ICA)
will introduce a mobile app giving residents access to the latest
hazard data for their homes. ICA says MyHazards, available early
next month, will help reduce "information asymmetry"
between insurers and their customers, and increase pricing
transparency (06 May 2019).
More...
Legaltech giant makes managing large-scale projects
easier
GlobalX has made managing large-scale projects easier with
the launch of Matter Centre Projects. The new service helps law
firms and property developers efficiently manage the sale process
of multi-lot developments and large-scale infrastructure projects
(04 May 2019).
More...
Other countries around the world are planning new cities
– so why aren't we in Australia?
Future Australian city planning and development focuses
largely on enlarging and intensifying the footprints of existing
major cities. The current urban policy trajectory is in-fill
development and expansion of the existing state capital mega-city
regions, where two-thirds of the population live. But what is lost
through this approach (02 May 2019).
More...
Growing cities must be federal policy priority
The Property Council of Australia has called for cities
policy to be a priority for the next federal government. Ahead of
the 18 May federal election, the Property Council has released a
policy platform which includes several proposals to create great
Australian cities (01 May 2019).
More...
The biggest ever change to building Green Star
ratings
The Green Building Council of Australia
(GBCA) is preparing to evolve its Green Star
rating system, encouraging the built environment to achieve net
zero carbon emissions (30 April 2019).
More...
Alleged false or misleading and unconscionable conduct
by Quantum Housing
The ACCC has instituted proceedings in the Federal Court
against Quantum Housing Group Pty Ltd (Quantum)
alleging unconscionable conduct and false, misleading or deceptive
representations to investors and property managers about its own
rights, as well as the potential losses investors would face if
they did not use Quantum's approved property managers (29 April
2019).
More...
Construction, waste management facing tough time
Insurers are re-engineering portfolios and applying
exclusionary language around cladding and aluminium composite
material exposures following London's Grenfell Tower disaster
and a recent Victorian court case related to the Lacrosse building
fire in Melbourne (29 April 2019).
More...
Investors caught up in messy battle with housing
group
A housing group is facing allegations of unconscionable
conduct and false, misleading or deceptive conduct relating to the
National Rental Affordability Scheme (NRAS).
According to the ACCC, the housing group also issued guidelines to
investors and their existing property managers setting out how
property managers could become approved by Quantum (29 April 2019).
More...
NSW
Private developers pay millions for Sydney's
'air rights' above heritage sites
As development and density reaches capacity in Sydney,
purchasing the empty skies above heritage-listed sites remains one
of the few avenues for developers to outgrow planning controls (02
May 2019).
More...
Queensland
Queen Street Mall pub site put up for tender by Brisbane
City Council
Brisbane's Queen Street Mall is set to lose its Pig
'n' Whistle pub, after Brisbane City Council approved a
decision to evict the popular watering hole and put out a tender to
demolish the site and install a new tenant (08 May 2019).
More...
Inner Brisbane Apartment Market to Stabilise in
2019
Brisbane's apartment market has been steadily
declining since 2016, but as supply and demand rebalance, inner
Brisbane's apartment market is expected to stabilise this year
and into 2020 (06 May 2019).
More...
Queensland Government's Safer Buildings Program on
track
The Queensland Government's Safer Buildings
Combustible Cladding Checklist program has cleared almost 14,000
private buildings, confirming they're safe and secure for
tenants and workers (05 May 2019).
More...
Plans to clear koala bushland at Belmont shelved
Queensland Government plans to clear 5.4 hectares of koala
bushland under ministerial discretion for a shooting range
expansion in Brisbane have been shelved. A new plan now proposes to
clear an extra 0.2 hectares instead (04 May 2019).
More...
Developer seeks approval for $1bn equestrian centre in
Townsville
A Malaysian multinational logging corporation has set its
sights on developing a $1 billion equestrian complex and resort
just 30 kilometres north-west of Townsville targeted at Chinese
tourists. The landowner Landmark Projects, which have owned the
beachfront site north of Toolakea for over 25 years, are part of
Rimbunan Hijau Group (02 May 2019).
More...
Build-to-Rent pilot project seeks industry
interest
The Palaszcuk Government's innovative Build-to-Rent
Pilot Project is calling for Expressions of Interest to help
deliver subsidised affordable rental housing (02 May 2019).
More...
PCA: Developer donation update
The High Court's Spence v State of Queensland
decision, contains two results with implications for property
industry participants. Since the passage of the Bill, the Property
Council has engaged with the ECQ to seek further clarity around who
is a prohibited donor, and what is a prohibited donation (02 May
2019).
More...
Brisbane's flat house prices 'better than a
fall'
Greater Brisbane house prices have stalled following six
years of continuous annual growth, with prices flatlining over the
year according to Domain Group's quarterly house price report
(30 April 2019).
More...
Developer secures 100pc site ownership south of
Brisbane
Residential property developer AVJennings announced the
acquisition of the remaining 50 per cent of its greenfields
residential development site south-west of Brisbane (26 April
2019).
More...
Published – articles, papers, reports
#WaterMates: The buyers and sellers of Australia's
most controversial water
Maryanne Slattery, Rod Campbell; The Australia Institute:
07 May 2019.
The Australia Institute has released this additional analysis of
the controversial $80 million water deal between the Department of
Agriculture and Water and a company domiciled in the Cayman
Islands. More...
Compound costs: How climate change is damaging
Australia's economy
Will Steffen, Karl Mallon, Tom Kompas, Annika Dean, Martin
Rice; Climate Council of Australia: 09 May 2019.
Australia's financial regulators have recently made a call for
action to deal with climate change, with the Reserve Bank of
Australia, APRA and ASIC all citing risks posed by climate change
as a central concern for the economy and financial stability. More...
Climate cuts, cover-ups and censorship
Climate Council of Australia: 30 April 2019.
This publication provides a detailed overview of the Australian
government's approach to climate change since the election of
the Liberal-National Coalition government in 2013. The period is
characterised by cutting effective climate change programs,
rejecting expert advice, ministers making publicly misleading
claims, and a lack of a credible climate change policy. More...
In practice and courts
Commonwealth
API & APIV Member Alert - Assigning Valuations
The purpose of this Member Alert is to provide Valuer
Members with guidance regarding assigning Valuation Reports from
one party to another party. As a general rule, assignment of a
Valuation Report should not be undertaken (08 May 2019).
More...
API Member Alert: Update to the CoreLogic 'Valuer
Data Processing and Security Terms' – Do not sign
advice
This alert is directed to those Valuer Members and their
Corporate Employers who undertake mortgage valuations via the
ValEx/CoreLogic system. It is an update to previous alerts on this
topic releases by the API on 11 March and 28 March 2019 (April
2019).
More...
Announcements, draft policies and plans released 2019
NSW
Community Participation Plan updated FAQs
The Environmental Planning and Assessment Act
1979 has been updated to make community participation central
to the planning system. Supporting this objective is a new measure
requiring all public authorities that have planning functions under
the EP&A Act, including councils, to develop community
participation plan (CPP). CPPs must be finalised
and published on the ePlanning portal by 1 December 2019.
More...
Victoria
Planning Panels Victoria revised guide to expert
evidence
PPV has undertaken a substantial revision of the
Expert Witness Guide. Major changes include a 'plain
English' review to minimise jargon; greater clarification
between witnesses who have undertaken the background work and a
witness who comes 'fresh' to a matter; an emphasis on
electronic distribution of evidence; and recognition of other
witnesses such as Government and Council staff and 'lay'
witnesses. The new guidelines are in effect immediately (09 May
2019).
Complex land transfer transactions to be managed
online
Land Use Victoria has mandated that complex land transfer
transactions, currently managed via paper settlement, must be
lodged and managed online from August 2019. This applies to
conveyancers and lawyers acting for a party or for themselves.
Duties Online enhancements, which are scheduled to take effect from 17 June 2019, will: Lower administration costs; Improve settlement completion rates; Mean duty is calculated prior to settlement; Increase data security; Ensure information is viewed and agreed to by all parties before settlement
Queensland
Transcript - Public briefing - Consideration of
subordinate legislation - Held on 1 May 2019
Proof transcript of the public briefing - Consideration of
Subordinate legislation No. 011 of 2019, Water Plan (Condamine and
Balonne) 2019, and No. 012 of 2019, Water Plan (Border Rivers and
Moonie) 2019.
State Development, Natural Resources and Agricultural Industry
Development Committee - Examination of Portfolio Subordinate
Legislation inquiry.
More...
PCA: Government calls for Build-to-Rent EOIs
The Queensland Government has called for Expressions of
Interest (EOI) for its Build-to-Rent Pilot
Project, announced in December 2018. The call for EOIs follows the
Registration of Interest process undertaken in early 2019. For more
information on the Build-to-Rent pilot project, or to register an
EOI, stage 1 closes on 24 May 2019.
More...
Land title practice manual reminder: Paper certificates
of title are changing
Please be aware that the way in which the Titles Registry
deals with paper certificates of title (paper CTs)
is changing. As of 1st October 2019, paper CTs will no longer have
any legal effect. From 1st October 2019, there will no longer be
the option to lodge a Form 19 - Application for certificate of
title.
Similarly, a Form 17 – Request to Dispense (with production
of a CT) will become redundant as of 1st October 2019.
More...
Safer Buildings combustible cladding checklist ticks
over to Part 2
The Part 1 deadline elapsed on 29 March 2019, with some
buildings required to continue to Part 2.
Buildings that need further assessment following the conclusion of
Part 1 will have until 29 May 2019 to file a building industry
professional report to the QBCC.
More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA).
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. More...
Cases
Victoria
McRae v Mackrae-Bathory [2019] VSC
298
CAVEAT – Removal of caveats – Application
under s 90(3) of the Transfer of Land Act 1958 (Vic) for
removal of caveats over two properties registered in the name of
the plaintiff – Caveats lodged by person claiming interest by
virtue of an implied, resulting or constructive trust –
Caveat inhibiting settlement of sale of one of two properties the
subject of the claimed interest – Defendant's claim for a
constructive trust in respect of both properties persuasive but
uncorroborated – Balance of convenience favours the removal
of the caveat at settlement on undertaking of the plaintiff to use
the net proceeds of the sale of the property to reduce mortgage
secured over both properties – Goldstraw v Goldstraw
[2002] VSC 491; Piroshenko v Gosjman (2010) 27 VR 489;
Percy & Michele Pty Ltd v Gangemi [2010] VSC 530;
Sylina v Solanki [2014] VSC 2; Carbon Black Lab Pty
Ltd v Launer [2015] VSCA 126 referred to.
TRUSTS – Implied, resulting or constructive trust –
Whether a basis in fact and law for finding a resulting or
constructive trust in favour of the caveator – Sufficient
basis for such a finding on an application for removal of the
caveats – Muschinski v Dodds [1985] HCA 78; (1985)
160 CLR 583; Baumgartner v Baumgartner [1987] HCA 59;
(1987) 164 CLR 137; Cressy v Johnson (2009) VSC 52
referred to.
Perpetual Limited v Myer Pty Ltd
[2019] VSCA 98
LEASES – Rectification – Long-term commercial
lease to anchor tenant in shopping centre – Formula for
calculating tenant's contribution to increases in variable
outgoings contains alleged mistake – Applicants contend
common intention evident from earlier draft heads of agreement
– Where draft heads of agreement one step in continuing
negotiation process – Applicants unable to provide
alternative formulation which reflects alleged common intention
– Necessary to prove true intention not merely that some
mistake has been made – Energy World Corporation Ltd v
Maurice Hayes & Associates Pty Ltd [2007] FCAFC 34 applied
– No convincing proof provided to prove alleged common
intention – Simic v New South Wales Land and Housing
Corporation [2016] HCA 47; (2016) 260 CLR 85; Franklins
Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76
NSWLR 603 applied.
LEASES – Construction – Where the tenant's
bargaining position was strong – Where formula as written
leads to peculiar result but unambiguous and capable of sensible
operation – Alleged mistake not noticed for 12 years or acted
upon for 16 years – Lease negotiated over long period by
well-represented parties – Court not satisfied formula absurd
or mistaken – Westpac Banking Corporation v Tanzone Pty
Ltd [2000] NSWCA 25 considered – Seymour White
Constructions Pty Ltd v Oswald Bros Pty Ltd (in liq) [2019]
NSWCA 11; Mainteck Services Pty Ltd v Stein Heurtey SA
[2014] NSWCA 184; (2014) 89 NSWLR 633 applied.
Primrose Meadows Pty Ltd v River View Pty Ltd
[2019] VSC 263
LEASES AND TENANCIES – Retail leases – Renewal
of lease upon exercise of option by tenant – Landlord bound
to grant and tenant bound to take lease upon terms stipulated in
lease – Lease in equity arises upon tenant exercising option
to renew even where rent to be applied for further term has not
been agreed or determined – Tenant entitled to option to
renew – No evidence of evidence of any notice of default
– Todburn Pty Ltd v Taormina International Pty Ltd
(1990) 5 BPR 11,173 – Booker Industries Pty Ltd v Wilson
Parking (Qld) Pty Ltd (1982) 149 CLR 600 – Retail
Leases Act 2003, s 27.
AGENCY – Where agent authorised both to negotiate agreement
and to enter agreement – Berkely Pty Ltd v Millbrook
Finance Pty Ltd [2018] VSC 213 – Crabtree-Vickers
Pty Ltd v Australian Direct Mail Advertising & Addressing
Company Pty Ltd [1975] HCA 49; (1975) 133 CLR 72 – Where
there is no disposition of interest in land there is no requirement
that the agent be authorised in writing – Instruments Act
1958, s 126(1).
EVIDENCE – Failure to call witness – Rule in Jones
v Dunkel [1959] HCA 8; (1959) 101 CLR 298 – Does not
apply against a defendant until the plaintiff has proved a case for
the defendant to answer – Does not require a party to give
cumulative evidence – Tenth Vandy v Natwest Markets
Australia [2012] VSCA 103; (2012) VConvR 64,366 – Does
not directly apply to Victorian Civil and Administrative Tribunal
proceedings – Maund v Racing Victoria Ltd [2016]
VSCA 132 – Victorian Civil and Administrative Tribunal not
compelled to apply rule – Manly Council v Byrne
[2004] NSWCA 123 – Rule only applies where the missing
witness would be expected to be called by one party rather than
another – Payne v Parker [1976] 1 NSWLR 191 –
An adverse inference may only be drawn where failure to call
witness is not satisfactorily explained – Cadwallader v
Bajco Pty Ltd [2002] NSWCA 328.
Queensland
Reynolds v Body Corporate for Mount View
Apartments [2019] QCAT
118
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – INTERLOCUTORY PROCEEDINGS –
preliminary question referred for separate determination –
whether successful party should be awarded costs of determination
– whether costs of determination should be reserved to the
final determination of the proceeding. Queensland Civil and
Administrative Tribunal Act 2009 Qld ss 100, 102.
Cases to 06 May 2019
Moramou2 Pty Ltd v Brisbane City Council
[2019] QPEC 18
PLANNING AND ENVIRONMENT – APPEAL – appeal
against the decision to give an enforcement notice in respect of a
backpacker hostel – whether there has been an unlawful
increase in the number of residents. Planning and Environment
Court Act 2016 Qld.
Legislation
Queensland
Bills
Subordinate legislation as made
No 67
Planning and Environment Court (Mediation) Amendment Rule 2019
– 10 May 2019
No 68
Aboriginal Land (Girramay and Wulli Wulli) Amendment Regulation
2019 – 10 May 2019
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.