In the media
Commonwealth
National agreement to lead to better building standards
and regulation
The Property Council of Australia has welcomed an
agreement by Commonwealth, State and Territory building ministers
on a national approach to implementation of reforms which will lead
to better enforcement and compliance with building standards and
regulation (18 July 2019).
More...
E-commerce boom rolls on around the country
The logistics and e-commerce surge has made warehousing
the property market's best-performing sector, but can it last?
(17 July 2019).
More...
Boutique hotel sales dominate the booming sector
Boutique and lifestyle hotels that offer experiences, not
just a bed and bathroom, are in high demand from investors (17 July
2019).
More...
Developers are hoarding 13 year's worth of supply to
boost prices
Developers are hoarding large tracts of land and delaying
construction in a bid to shore up prices, a new study based on the
annual reports of Australia's publicly-listed residential
developers, has claimed (15 July 2019).
More...
Australia's Residential Market 'Approaching
Bottom': BIS
Report author Angie Zigomanis says supply is running at
record levels, with most state markets in oversupply, with some
"at best" close to balance. "The fall-off in
purchaser demand is now translating to a decline in new dwelling
commencements, which are expected to fall from their 2018/19 peak
to a low of 163,000 dwellings by 2020/21 (15 July 2019).
More...
UniLodge Expands into Build to Rent
One of the country's biggest providers of student
accommodation, UniLodge, is expanding into the emerging
build-to-rent sector (12 July 2019).
More...
REIA: Housing Finance numbers show cautious
optimism
The May 2019 Lending to Households and Business figures
released by the Australian Bureau of Statistics show the number of
loans for housing, excluding refinancing, continues to decline (11
July 2019).
More...
AHURI launches Cities Research Agenda
AHURI is pleased to announce the launch of its Cities
Research Agenda featuring five inaugural research projects (10 July
2019).
More...
Build to rent could shake up real estate but won't
take off without major tax changes
Build-to-rent won't be a silver bullet solution for
Australia's housing affordability stress, but it does have
potential to tick the box on several important public policy
objectives. These include widened housing diversity, enhanced build
standards, and a better-managed, more secure form of private rental
housing (08 July 2019).
More...
Number of Aussie properties resold at a loss climbs to
six-year high
During the first quarter of this year, 12 per cent of
Australian properties were resold at a loss. It is the highest
level in six years and another sign of weaker property market
conditions (08 July 2019).
More...
Nation-Wide Agreement to boost building
standards
The landmark agreement was reached between the nation's
ministers responsible for the building industry at the Building
Ministers Forum in Sydney. The agreement means the Australian
Building Codes Board will be expanded, better resourced and force
greater engagement from the building industry (18 July 2019).
More...
HIA: National approach to building reforms an important
agreement
It is is important that the end result after
implementation will essentially be to deliver a consistent approach
to the way buildings are approved, to the way building
professionals are held responsible and to providing greater
certainty for building owners (18 July 2019).
More...
Victoria
Capital Alliance kicks off construction in Fishermans
Bend
Melbourne developer Capital Alliance has appointed Crema
Group as the builder on its $200 million mixed-use project in
Fishermans Bend. The project marks the first AC Hotels by Marriott
in Australia, as well as the first hotel in the Fishermans Bend
precinct (18 July 2019).
More...
Kokoda approved for $250m residential project
Private developer Kokoda Property has been given the green
light by the City of Stonnington for its $250 million Malvern
Collective development. Slated to be a notable Transport Oriented
Development, the project will have a fully activated ground plain
from all directions, creating easy access for local commuters (17
July 2019).
More...
State dumps consortium behind $30bn 'Smart City'
proposal
The consortium behind plans for a $30 billion hi-tech
smart city has been given the flick, as the Victorian Government
confirmed it will not progress with plans for its development in
Melbourne's west (08 July 2019).
More...
Caydon wins approval for $300m mixed use project
Melbourne-based developer Caydon has received the go ahead
for its $300 million mixed-use residential project located on the
former Amcor Paper Mill site in Melbourne's inner north-east
(08 July 2019).
More...
Queensland
Gold Coast Airport lands $100m 'Green'
loan
The operator of the Gold Coast Airport, Queensland
Airports Limited, is set to reduce carbon emission through $100
million in "sustainability-linked" loans from
Commonwealth Bank and Westpac (18 July 2019).
More...
XXXX brewery gets 15-year extension to protect beers
from jeers
The Queensland government has granted the XXXX brewery a
15-year exemption under section 267 of the Planning Act,
to protect it from neighbour's complaints about the noise,
smell and light (18 July 2019).
More...
Townsville water wise thanks to $10million package
Townsville residents are set to "wise up" when
it comes to water waste with the Queensland Government funded Water
Smart Package launched. There are a great range of water-wise
products that renters, homeowners and body corporates are able to
buy including rainwater tanks, pool covers, low-flow shower heads
and shower timers (16 July 2019).
More...
Residents invited to have say on new and improved Deagon
training hub
Racing Miister and Member for Sandgate Stirling Hinchliffe
is encouraging local residents to have their say on modernsing the
State Training Centre at Deagon and opening it up to the community
(08 July 2019).
More...
Have your say on the new Energy from Waste policy for
Queensland
Queenslanders are being invited to have their say on an
Energy-from-Waste policy discussion paper that has been released
(08 July 2019).
More...
Published – articles, papers, reports
The construction of social housing pathways across
Australia
Australian Housing and Urban Research Institute: 11 July
2019
This report examines the role of policy in shaping social housing
pathways through a review of current social housing operational
policies. It considers application processes, eligibility criteria,
rent, use of premises, tenant-initiated transfers, portfolio
management and tenancy management by landlords. More...
Build-to-rent in Australia: product feasibility and
potential affordable housing contribution
Landcom: 08 July 2019
Build-to-rent is a form of residential development involving
apartment blocks or complexes purpose-built for rental occupation
and held in single ownership as long-term revenue-generating
assets. More...
Australian Bureau of Statistics
17 July 2019 -
Housing Occupancy and Costs, 2017-18 (cat no. 4130.0).
In practice and courts
Commonwealth
CRCLCL: Low Carbon Home and Building Guides
launched
The CRC for Low Carbon Living (CRCLCL)
has launched a suite of low carbon living guides offering consumers
and professionals easy to use information on low carbon homes and
buildings (15 July 2019).
More...
GBCA important deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
Victoria
Planning Policy Framework translation
Murrindindi Shire Council became the first municipality in
Victoria to have the local policy content in their planning scheme
fully integrated into the new Planning Policy Framework
(PPF), following the gazettal of
C65muri. The PPF translation project is a key focus of the
Smart Planning program's Stage 3 reform agenda. A fully
integrated PPF will result in better alignment of state policy with
local policy, less duplication, stronger policy overall and,
importantly, a simpler and more succinct planning scheme (18 July
2019).
More...
Native vegetation removal in Victoria
The Department of Environment, Land, Water
(DELWP) and Planning has committed to report
annually on native vegetation removed and offset under the native
vegetation planning provisions (Clause 52.16 and 52.17) of all
planning schemes in Victoria. To do this DELWP needs Councils to
provide permit numbers, native vegetation removal report ID
numbers, and details of offset sites protected under s173
agreements. DELWP sent a request and data log template to all
Councils.
Announcements, Draft Policies and Plans released 2019
Queensland
QLS: Changes to manufactured homes legislation
Changes to the Manufactured Homes (Residential Parks)
Act 2003 and its associated regulation introduce new
pre-contractual disclosure obligations for park owners as well as
cooling-off periods for prospective new home owners. Also included
is the requirement for residential park operators to prepare,
maintain and implement emergency plans. The changes commence on 1
September (17 July 2019).
More...
Brisbane City Council adopts Infrastructure Charges
Resolution
Brisbane City Council has adopted Brisbane Infrastructure
Charges Resolution (No.8) 2019, which increases infrastructure
charges for development approvals from 1 July 2019. Download a copy
of Brisbane City Council's
Brisbane Infrastructure Charges Resolution (No.8) 2019, to see
how their developments will be affected. A summary of the changes
can be viewed
here (11 July 2019).
More...
Cases
Anderson v Stonnington City Council
[2019] VSC 453
PLANNING – decision of the Victorian Civil and
Administrative Tribunal – heritage overlay control –
whether works under building permits issued before heritage overlay
control introduced created an accrued right – lawfulness of
ongoing building works – Whether planning permit needed
– Victorian Civil and Administrative Tribunal Act
1998 (Vic) s 148; Planning and Environment Act 1987
(Vic) s 6(3); Interpretation of Legislation Act 1984 (Vic)
s 28(2)(e); Stonnington Planning Scheme cl 72.06 (formerly cl
61.05).
Re Tang [2019] VSC
467
PROPERTY — restrictive covenant — covenant
restricting, among other things, the erection of more than one
building per acre on the land — application to modify
restrictions in covenant pursuant to the Property Law Act
1958 s 84 — proposed subdivision into two lots and
construction of one dwelling on the new lot — whether
precedent already set by previous developments — whether
modification will not substantially injure the persons entitled to
the benefit.
Achieve Design Group Pty Ltd v Melton CC
[2019] VCAT 1055
Melton Planning Scheme — section 77 the Planning
and Environment Act 1987 — proposed construction of four
double storey dwellings in a 'front and back' alignment
— objections received and Council does not support proposal
— appeal to the Tribunal and resulting hearing on 5 July 2019
— critical issues of degree of strategic planning support for
the proposal, the locational advantage of the subject land, traffic
issues and whether the proposal would involve any fatal external
amenity impacts or overdevelopment, no permit.
Donkin v Donkin (Building and
Property) [2019] VCAT 1057
Co-ownership of Land — application for sale under s
225 of the Property Law Act 1958 — whether
proceedings brought by donee of power of attorney are contrary to
the instructions of the donor — whether applicant holds his
interest in the Land on trust for the respondent — whether an
interest in a joint tenancy can be held on trust, orders for
sale.
Phillips v Abel (Building and
Property) [2019] VCAT 1031
LANDLORD AND TENANT – Section 4(1) of the Retail
Leases Act 2003 — whether retail premises includes bare
land – the meaning of 'premises' — whether
selling sand from a quarry constitutes the provision of retail
goods and services — s 46(4) of the Retail Leases Act 2003
— whether liability to pay outgoings incurred prior to the
giving of a statement of outgoings is revived once the statement of
outgoings is given to the tenant.
Chantelle Enterprises Aust Pty Ltd v
Sangster-Greenwood (Building and Property)
[2019] VCAT 961
Retail lease, determination of preliminary questions,
whether premises abandoned, whether re-entry lawful, whether
premises unsafe, s57 Retail Leases Act 2003 (Vic).
Question 2 – Has the applicant abandoned the goods and
installations identified in paragraph 27 of the affidavit of Denise
Julie Sangster-Greenwood dated 26 March 2019? Answer - Yes.
Shepherd v Lawson & Anor [2019]
QSC 174
CONVEYANCING – BREACH OF CONTRACT FOR SALE AND
REMEDIES – ENTITLEMENT TO DEPOSIT – OTHER CASES –
where the plaintiff entered into a contract to purchase property
from the defendants on a rent to buy basis – where the
plaintiff paid a deposit and occupied the property by paying weekly
licence fees – where the plaintiff made renovations to the
property – where settlement did not proceed – where the
plaintiff lodged a caveat over the property – where the
plaintiff claims part of the purchase price of the property and the
value of improvements made to the property – where the
defendants seek removal of the caveat and counterclaims damages for
breach of contract – whether the plaintiff is entitled to a
return of the deposit – whether the plaintiff is entitled to
equitable compensation for the increase in the value of the
property as a consequence of the renovations and improvements
– whether the defendants are entitled to damages for breach
of contract
EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS –
CONSTRUCTIVE TRUSTS – where the plaintiff claims the
defendants hold the property on constructive trust – where
the plaintiff seeks a declaration of equitable interest as
purchaser – whether the alleged defects of the property have
the effect of denying the plaintiff an interest as the beneficiary
of a constructive trust – whether the plaintiff is entitled
to a declaration of equitable interest as purchaser of estate in
fee simple
Civil Proceedings Act 2011 Qld s 58; Property Law Act
1974 Qld s 72
Residential Tenancies and Rooming Accommodation Act 2008 Qld
Ipswich City Council v BWP Management Limited & Anor
(No 2) [2019] QLAC
2
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – where s 57A of the Land Court Act
2000 provides the Land Appeal Court may order costs for an
appeal as it considers appropriate, including the costs of the
proceedings below – where the decision appealed against
concerned the interpretation of the Ipswich City Council's
budget – where the appellant succeeded – where the
respondent in the appeal argued, inter alia, that the case involved
novel circumstances, was arguable, and served a public interest
– where the Court ordered that the respondent pay the
appellant's costs below and on appeal. Land Court Act
2000 Qld s 57A
Bundaberg Regional Council v Muller
[2019] QPEC 31
COURTS AND JUDGES – CONTEMPT – PARTICULAR
CONTEMPTS – DISOBEDIENCE OF ORDERS OF COURT – where an
enforcement order was made by his Honour Judge Rackemann in the
Planning & Environment Court on 16 March 2018 – where the
order was made by consent – where the enforcement order was
not complied with – whether the respondent is in contempt of
the enforcement order
District Court of Queensland Act 1967 Qld s 129;
Penalties and Sentences Act 1992 Qld s 9; Planning and
Environment Court Act 2016 Qld s 36; Uniform Civil Procedure
Rules 1999 Qld r 930, r 932
Q M Properties Pty Ltd v Belscorp Pty Ltd
[2019] QCA 138
CONVEYANCING – THE CONTRACT AND CONDITIONS OF SALE
– DESCRIPTION OF PROPERTY AND SUBJECT MATTER OF SALE –
FALSE REPRESENTATIONS OF PROPERTY – where both the appellant
and respondent were property developers in the Brisbane area
– where the respondent owned property in Albany Creek which
it sold to the appellant for $3.835 million under a contract
– where the respondent made a number of representations about
the property prior to the execution of the contract between the
appellant and respondent – where the learned trial judge
found that the representations made by the respondent were false
and were for the purpose of inducing the appellant to sign the
contract – where the appellant sought to terminate the
contract and brought proceedings against the respondent alleging
breaches of s 52 and s 53A of the Trade Practices Act
– whether the contract should have been terminated for the
alleged breaches
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES
– where the learned Trial Judge found that the
representations made by the respondent were false and were for the
purpose of inducing the appellant to sign the contract –
where it was also found by the learned Trial Judge that none of the
appellant's relevant representatives relied upon what was said
by the respondent – where the learned Trial Judge was not
satisfied that the director of the appellant relied on what the
respondent had said as directions were given to carry out their own
enquiries and satisfy themselves as to whether or not what the
respondent said was true – where the learned Trial Judge
found that there was no causal link between the false
representations made by the respondent and the execution of the
contract – where the appellant contends that the learned
Trial Judge erred in her decision – whether the learned Trial
Judge erred in her determination of the matter below
Bond v Chief Executive, Department of Environment and
Science [2019] QCA
137
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE –
where the applicant was issued with an environmental protection
order as a related person of Linc Energy Limited – where the
operation of the decision to issue the environmental protection
order was stayed pending the final determination, by appeal or
otherwise, of specified preliminary matters concerning the order
– where the applicant was subsequently charged with five
counts of wilfully and unlawfully causing serious environmental
harm in connection with the activities of Linc Energy
Limited– where the preliminary matters were determined
adversely to the applicant, and the applicant in turn applied to
stay the operation of the decision to issue the environmental
protection order pending the final resolution of the criminal
prosecution – whether the decision to refuse the stay was
infected with legal error – whether substantial injustice
would arise unless leave to appeal was granted – whether the
environmental protection order should be stayed pending the final
resolution of the criminal prosecution
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE –
where the applicant was issued with an environmental protection
order as a related person of Linc Energy Limited – where the
operation of the decision to issue the environmental protection
order was stayed pending the final determination, by appeal or
otherwise, of specified preliminary matters concerning the order
– where the preliminary matters were determined adversely to
the applicant, and the applicant in turn applied to stay the
operation of the decision to issue the environmental protection
order pending the final resolution of his substantive appeal
against the order – whether the decision to refuse the stay
was infected with legal error – whether substantial injustice
would arise unless leave to appeal was granted – whether the
environmental protection order should be stayed pending the final
resolution of the applicant's substantive appeal against that
order
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE –
where the applicant was issued with an environmental protection
order as a related person of Linc Energy Limited – where the
operation of the decision to issue the environmental protection
order was stayed pending the final determination, by appeal or
otherwise, of specified preliminary matters concerning the order
– where the preliminary matters were determined adversely to
the applicant, and the applicant applied to have a further matter
heard and determined separately from his substantive appeal against
the environmental protection order – whether the decision
refusing to allow a further matter to be heard and determined
separately from the substantive appeal was infected with legal
error – whether substantial injustice would arise unless
leave to appeal was granted – whether the specified further
matter should be heard and determined separately from the
substantive appeal against the environmental protection order
Environmental Protection Act 1994 Qld; Evidence Act
1977 Qld s 79; Planning and Environment Court Act
2016 Qld s 63; Uniform Civil Procedure Rules 1999 Qld r
761
Cases to 15 July 2019
Maroochydore Sands Pty Ltd v Sunshine Coast Regional
Council & Ors [2019] QPEC
30
It is declared that: 1.The proposed changes to the
development application the subject of this appeal ("The
Changed Development Application") constitute a minor change
for the purposes of sections 350 and 495(2)(b) of the
Sustainable Planning Act 2009
Legislation
Queensland
Subordinate legislation as made – 19 July
2019
No 140
Mining Legislation (Classification of Chemicals) Amendment
Regulation 2019
No 141
Environmental Protection (Pig Keeping) Amendment Regulation
2019
Subordinate legislation as made – 12 July
2019
No 134
Proclamation No. 1—Queensland Civil and Administrative
Tribunal and Other Legislation Amendment Act 2019 (commencing
certain provisions)
No 135
Uniform Civil Procedure (Referees) Amendment Rule 2019
No 136
Water (Border Rivers and Moonie and Condamine and Balonne)
Amendment Regulation 2019
No 137
Nature Conservation (Protected Areas Management) (Woondum National
Park) Amendment Regulation 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.