In the media
Commonwealth
Office property now in COVID-19 firing line
Expectations of a longer and deeper-seated impact from the
pandemic have taken root in the property industry, with concerns
about a COVID-19 hit to office and residential property increasing
over the past three months (15 July 2020).
More...
Mall vacancy hits highest in 20 years as retailers
shrink
The vacancy rate across the nation's shopping malls is
the highest in more than two decades as the coronavirus crisis
accelerates a wave of store closures in a sector already under
challenge (12 July 2020).
More...
Planning rules 'silent' on major risks, bushfire
royal commission hears
Planning and property laws aren't fit to manage the
growing threats to property, the bushfire royal commission heard.
Housing regulations are particularly urgent given the large scale
rebuild required in the wake of the Black Summer fires, which
destroyed around 3000 homes between NSW, Victoria, South Australia
and Queensland (08 July 2020).
More...
Office lease lures surge to entice tenants
Office tenants are being offered higher incentives for
leases in a bid to lure them back to major east coast CBDs.
Overall incentives, which can included rent abatements and free
office fit-outs, rose substantially as tenants closed down the
offices as the global pandemic took hold and many stopped paying
rent (08 July 2020).
More...
Will phoenixing finally be stamped out in
Australia's construction industry
When a known loophole isn't closed, you can expect
wide-scale exploitation. This is what has occurred for decades with
the issue of illegal "phoenixing", which has become a
common and terrible blight on the construction industry in
Australia (17 July 2020).
More...
COVID-19 Keeps property industry confidence down
COVID-19 is keeping property industry confidence at a
near-record low level despite an improvement in sentiment for the
September 2020 quarter. More than 60 per cent of residential sector
firms reported the Federal Government's HomeBuilder scheme had
had a positive impact on their business (16 July 2020).
More...
Demand for 115,000 dwellings lost by 2023
Demand for 115,000 dwellings is set to evaporate over the
next three years, putting significant downward pressure on
inner-city apartment markets according to research by property
consultancy Macroplan (16 July 2020).
More...
Non-bank lenders tighten the reins as sales
decline
Non-bank lenders have identified a range of property
sectors where they will refuse to provide loans for developers and
owners in coming months (15 July 2020).
More...
Pressure on home building prior to COVID
The number of detached houses under construction has
dropped by 20 per cent since the building cycle peaked in mid-2018.
With around 57,000 under construction at the end of March activity
in this part of the market was already below the long term average
before COVID19 struck (15 July 2020).
More...
Success for city deals that connect affordable housing
and jobs: Report
The report finds that City Deals and similar place-based
funding programs can help kick start new economic opportunities in
areas, but they need explicit support for affordable housing if
lower income workers are to find homes close to employment
opportunities (15 July 2020).
More...
Malls fall silent as retail vacancy hits 20 year
high
Despite a recent bounce in retail spending after a
record-breaking fall in April, the national average shopping centre
vacancy rate increased to 5.1 per cent in June from 3.8 per cent in
December 2019.According to a recent survey by global agency JLL,
CBD locations and traditionally resilient large format retail
stores were also affected (13 July 2020).
More...
E-commerce will keep demand high for industrial
property
The enforced lockdown due to the global pandemic has seen
the rate of online shopping hit new heights with estimations it
could reach upwards of 15 per cent of total retail sales (11 July
2020).
More...
Home loan finance records historic fall
New home lending figures produced the largest monthly
plunge ever recorded, with the Covid-19 shock starting to show its
full impact on housing finance data (10 July 2020).
More...
REIA welcomes decision by banks to extend loan repayment
deferral period
The REIA welcomes the announcement by the Australian
Banking Association to implement a new phase of support to assist
customers, as the six month loan repayment deferral period draws to
an end (09 July 2020).
More...
May housing finance shows historical fall
The May 2020 Lending to Households and Business figures
released by the Australian Bureau of Statistics show the largest
monthly fall in the history of the series with the value of loans
for housing falling by 11.6 per cent in seasonally adjusted terms,
according to the Real Estate Institute of Australia (09 July 2020).
More...
Victoria
ESR buys 79ha site in South East Melbourne
Hong Kong-listed logistics platform ESR has honed its
focus on Australian industrial property, securing a 79-hectare site
in Melbourne's outer south-east.(17 July 2020).
More...
RMIT lists Melbourne CBD campus
RMIT University is hoping to sell its prominent Bourke
Street tower for $120 million and lease it back as part of a
long-term strategic plan (16 July 2020).
More...
Mornington Peninsula plan technology park
Plans for a new $540 million tech campus in the Mornington
Peninsula have been put to council. The proposal comes as the
council has called on state and federal support for a suite of
projects valued at $320.8 million for the region, including
infrastructure upgrades and the establishment of a technology park
near the Port of Hastings (15 July 2020).
More...
Rydges Hotel at centre of COVID-19 spike for sale
The Carlton Rydges Hotel at the centre of the latest
devastating community coronavirus outbreak in Victoria has been put
up for sale with a $40 million plus price tag (10 July 2020).
More...
Colliers International (Victoria) Pty Ltd - commencement
of action
The Director of Consumer Affairs Victoria has started
legal action against estate agency Colliers International
(Victoria) Pty Ltd for alleged underquoting and making misleading
representations about property sale prices (09 July 2020).
More...
Australia's first self-service Moxy Hotel in
Melbourne will be 'suited well to a COVID world'
The first, Moxy Melbourne, has just been designed for
South Yarra, an 150-room standalone hotel expected to start
construction in the first quarter of 2021 and open in 2022 (09 July
2020).
More...
Melbourne real estate prepared for stage three
restrictions
The State Government has announced a return to stage three
lockdown in Melbourne and Mitchell Shire as a response to
unprecedented levels of Covid-19 infections (08 July 2020).
More...
Geelong set for economic boost as major civic project
gets the green light
Geelong is set to receive an economic and employment boost
as diversified property group Quintessential Equity's
development plans for the City of Greater Geelong's new Civic
Precinct, with the Minister for Planning Richard Wynne giving the
project the green light (07 July 2020).
More...
University of Melbourne's $2b campus plan
progresses
The University of Melbourne has progressed its plans for a
$2 billion campus at Melbourne's Fishermans Bend, after a stage
one planning application was submitted to the Victorian government
(06 July 2020).
More...
Exciting news for affordable housing in our most
expensive cities
There's good news for affordable accommodation in
Sydney and Melbourne. if you consider the co-living, co-operative
and shared equity housing that Landcom in Sydney has in mind, and
the twin key apartments in Melbourne (06 July 2020).
More...
Council unveils new vision for Macaulay precinct
The City of Melbourne has unveiled a new vision for the
Macaulay precinct, covering 90 hectares of land to the north-west
of the central city (06 July 2020).
More...
NSW
NSW reforms cut red tape, planning simes
The New South Wales government will spend $83 million on a
long-awaited reform of state's planning process, cutting the
time and paperwork required for developments (16 July 2020).
More...
New rules leave Sydney homeowners fearing late notice on
developments
Residents might not find out about terraces and duplexes
being built next door until shortly before construction starts,
under the new state government housing code (13 July 2020).
More...
Government planning improvements and commitment to
prevent associated cost shifting welcomed
Local Government NSW (LGNSW) has welcomed new State
Government initiatives to ease the application process for
development approvals, with Government assurances they wouldn't
add to council running costs or be detrimental to existing
residents in local communities. (07 July 2020).
More...
Queensland
PCA: Survey shows confidence is returning as
restrictions ease
Confidence levels in Queensland improved slightly from 58
index points in June 2020 to 71 points in September 2020 (with 100
being a neutral level of confidence). Queensland has
Australia's lowest expectations for state economic growth over
the next 12 months (16 July 2020).
More...
Land council purchased for koala habitat still not open
to public
The Mt Gravatt East site was purchased by the council
using the bushland acquisition fund despite having no bushland on
it (15 July 2020).
More...
Riverside land the size of 12 football fields to be
Queen's Wharf parks
The multibillion-dollar project next to the Riverside
Expressway has released new plans for landscaping public spaces (14
July 2020).
More...
PCA: Survey shows confidence is returning as
restrictions ease
The latest results from the ANZ/Property Council Survey
show confidence in the Queensland property industry has improved
slightly since the start of the COVID-19 pandemic with the further
easing of restrictions set to provide a greater boost to confidence
in future (14 July 2020).
More...
Cbus, Nielson Properties unveil winning skyscraper
Super fund developer Cbus Property has lodged plans for a
$600 million commercial development in Brisbane's fast-growing
North Quarter precinct (09 July 2020).
More...
Brisbane tower sprouting 1,000 trees proposed
Koichi Takada Architects has designed a 30-storey tower
for South Brisbane that is being touted as the "world's
greenest residential building." (07 July 2020).
More...
Queensland planning law changes may support smoother
ECEC builds
Changes to Queensland's planning laws will allow
certain infrastructure projects to keep progressing across the
state during the COVID-19 pandemic, and may impact on the
development of early childhood education and care
(ECEC) facilities in the state (07 July 2020).
More...
Published – articles, papers, reports
Australia Bureau of Statistics
15/07/2020
Building Activity, Australia, Mar 2020 (cat no. 8752.0).
In practice and courts
Commonwealth
API State of Emergency Declaration- Updated Valuation
Protocol – Significant Valuation Uncertainty
Due to current economic uncertainty and the rising
unemployment rate in Australia, the API declared State of Emergency
needs to remain in place until further notice. We have reviewed and
refined the existing version of the Significant Valuation
Uncertainty Protocol which applies to Valuer Members when
undertaking valuations. View a copy of the updated valuation
protocol?
here.
GBCA: Transitioning to Green Star – Design &
As Built v1.3, Green Star – Interiors v1.3 and Green
Star
Railway Stations v1.1
As the new section J provisions are now mandatory in most of the
country, GBCA will be closing down registrations under Green Star
– Design & As Built v1.2, Green Star – Interiors
1.2, and Green Star – Railway Stations v1 at the end of
September 2020.
More...
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...
Announcements, Draft Policies and Plans released 2020
Metropolitan Melbourne and Mitchell Shire - activities
and access to public land
Changed coronavirus (COVID-19) restrictions on public land
in metropolitan Melbourne and Mitchell Shire from 8 July 2020.
More...
Consumer Affairs: Estate Agents (Education) Interim
Regulations 2019 - Legislation update
The Estate Agents (Education) Interim Regulations 2019
(Interim Regulations) will remain in force until 22 October 2020. A
public consultation on the new regulations will take place in the
first half of 2020.
More...
Title Registry Alerts No 173: Updated arrangements for
titles registry lodgements and searches
14 July 2020
Titles Registry Lodgements – The preferred
way for professionals to lodge Titles Registry documents is through
eLodgement or eConveyancing. Lodgements can also be made at a
number of regional business centres*. See the
Titles Registry contacts page for lodgement hours and street
addresses.
For more information, see
Payments and lodgement of Titles Registry forms.
Titles Registry Searches (and copies of documents)
Visit the
Titles Registry contacts page for regional business centre
Titles search hours and street addresses. You can buy titles
searches and copies of survey plans
online. See the
Title searches and copies of documents page for further
information, including a list of approved distributors.
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.
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 08 July 2020.
PCA: Redland Coastal Hazard Adaption Strategy
Redland City Council is inviting community members to
provide input into Phase 6 of its Coastal Hazard Adaptation
Strategy, a city-wide strategy for the protection of the city's
coastline, including islands and inland rivers and creeks. For more
information about the strategy and to take the online survey,
please visit here (July
2020).
More...
Cases
DJP Scoria Pty Ltd v Mount Road Nominees Pty Ltd (No 3)
(Building and Property) [2020] VCAT
742
PRACTICE AND PROCEDURE – application to amend points
of claim – s 127 Victorian Civil and Administrative Tribunal
Act 1998
Proposed claim in contract based on express terms of the agreement
– claim that the respondent refused to do certain things as
allegedly required by the terms, and embarked on an alleged course
of conduct allegedly "inconsistent" with the terms, both
allegedly causing the applicant loss and damage – existence
and scope of the alleged contractual duty doubted – no
arguable case that compliance with the alleged contractual
obligation would have avoided the claimed loss and damage –
cause of action in contract found not to be sufficiently arguable
as to allow amendment – application refused
Proposed claim based on unconscionable conduct within the meaning
of s 77 Retail Leases Act 2003 and ss 21 and 22 Australian Consumer
Law – claim that the respondent's alleged course of
conduct, allegedly inconsistent with the contractual terms, when
combined with other claimed facts and matters (including the
claimed knowledge of the respondent about certain matters) was in
all the circumstances unconscionable – found in the
circumstances, particularly the existence of a clause 34 of the
agreement, that no arguable case in regard to claimed
unconscionable conduct of the respondent – even if
unconscionable conduct, found no arguable case that the claimed
loss and damage was because of the conduct of the respondent, as
opposed to other causes – application refused
Claim by applicant for relief against forfeiture based on alleged
breach of contract and unconscionable conduct disallowed –
applicant not prevented from applying at hearing for relief on
other bases.
Francis v Powercor Australia Ltd
[2020] VSC 405
PRACTICE AND PROCEDURE – court approval of costs of
a representative proceeding – Lenehan v Powercor
Australia Ltd [2010] VSC 82; Modtech Engineering Australia
Pty Ltd v GPT Management Holdings Ltd [2013] FCA 626 –
Matthews v Ausnet Electricity Services Pty Ltd [2014] VSC
663 – Petersen Superannuation Fund Pty Ltd v Bank of
Queensland Limited (No 3) [2018] FCA 1842 – Supreme
Court Act 1986 (Vic), s 33V – whether costs claimed are
reasonable in all the circumstances and proportionately incurred
– Camilleri v The Trust Company (Nominees) Ltd
[2015] FCA 1468 – Modtech Engineering Australia Pty Ltd v
GPT Management Holdings Ltd [2013] FCA 626 – Downie
v Spiral Foods Pty Ltd & Ors [2015] VSC 190 –
Matthews v Ausnet Electricity Services Pty Ltd & Ors
[2014] VSC 663 – Legal Profession Uniform Law (Vic), s 172
– Civil Procedure Act 2010 (Vic), s 24.
Lenehan v Powercor Australia Ltd (No 3)
[2020] VSC 404
PRACTICE AND PROCEDURE – court approval of costs of
a representative proceeding – Supreme Court Act 1986 (Vic) s
33V – whether costs claimed are reasonable in all the
circumstances and proportionately incurred – Modtech
Engineering Australia Pty Ltd v GPT Management Holdings Ltd
[2013] FCA 626 – whether an additional loading for skill care
and attention can be approved – Legal Profession Uniform Law
(Vic) s 172 – Supreme Court General (Civil Procedure) Rules
2015 (Vic) r 63.48.
Snowy Mountains Brumby Sustainability & Management
Group Incorporated v State of New South Wales and
Anor [2020] NSWLEC
92
ENVIRONMENT AND PLANNING – judicial review –
Part 5 Environmental Assessment – whether breach of duty to
consider environmental impact – s 5.5(1) Environmental
Planning and Assessment Act 1979 – s 5.1 Activity relating to
the "use of land" – proposed action not exempt
development – further consideration required as activity
authorised by the plan – compliant with s 81 National Parks
and Wildlife Act 1974 COSTS – proceedings brought in public
interest – s 4.2(1) Land and Environment Court Rules 2007
discretion exercised – no order for costs.
Coffs Harbour City Council v Noubia Pty
Ltd [2020] NSWCA
142
CIVIL PROCEDURE – hearings – procedural
fairness – judge preferring evidence of one expert over
another – earlier role of expert addressed during proceedings
– basis of preference based on earlier role – no
unfairness ENVIRONMENT AND PLANNING – consent –
conditions – construction – transfer of land to Council
– public purpose – importation of valuation principles
from the Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
JURISDICTION – Land and Environment Court – valuation
of land – no compulsory acquisition – proceedings
transferred from Equity Division – conferral of jurisdiction
on transferee court – Civil Procedure Act 2005 (NSW), s 149B,
149E – Class 4 jurisdiction exercised – Land and
Environment Court Act 1979 (NSW), s 20(1(cj) JUDGMENTS AND ORDERS
– reasons – duty to give reasons – failure to
give reasons – constructive failure to exercise jurisdiction
distinguished VALUATION – methods of valuation –
"before and after" method – developed land on
alluvial floodplain – whether alternative hypothetical
developments the most financially advantageous use of land –
proposed alternative development subject to natural features of the
land and associated constraints on use – whether alternative
development would have received approval VALUATION –
valuation of land – principles – whether detention and
management of upstream water flows by downstream land owner a
"public purpose" to be disregarded in a valuation
exercise.
Michael Brown Planning Strategies Pty Ltd v
Wingecarribee Shire Council [2020] NSWCA
137
ENVIRONMENT AND PLANNING – development application
– power to grant consent – local environmental plan
– requirement that proposed development "is
compatible" with the "flood hazard" of the land
– assessing compatibility at date of determining application
– whether future measures to ameliorate flood hazard relevant
– future measures not part of application –
Wingecarribee Local Environmental Plan 2010 (NSW), cl 7.9(3)(a)
STATUTORY INTERPRETATION – extrinsic materials –
dictionaries – usefulness of reliance on dictionaries in
statutory interpretation STATUTORY INTERPRETATION – immediate
context – consistency of operation – local
environmental plan – statutory precondition to granting
development consent – grammatical tense of clause –
requirement for contextual construction of clause.
Conway & Ors v Australia Pacific LNG CSG Transmissions
Pty Ltd & Anor [2020] QLC
26
ENERGY AND RESOURCES – GAS – OTHER MATTERS
– where the respondent resource authority holders constructed
a gas pipeline on the applicant landowners' grazing property
– where the applicants complained to the respondents about
the spread of African lovegrass on their property – where the
respondents commissioned a weed survey to be carried out on the
applicants' property – where the respondents'
environmental scientists took a sample of a vulnerable ooline tree
during that weed survey and sent it to the Queensland Herbarium for
identification – where a flora survey trigger map was issued
over part of the applicants' property – whether the
respondents were liable to compensate the applicants for having
caused the trigger map to issue and, if so, what was the quantum of
compensation payable – where the application was
dismissed
Mineral and Energy Resources (Common Provisions) Act 2014 Qld s
81
Mineral and Energy Resources (Common Provisions) Regulation 2016
Qld
Nature Conservation Act 1992 Qld s 4, s 5
Nature Conservation (Wildlife Management) Regulation 2006 Qld
Petroleum and Gas (Production and Safety) Act 2004 Qld
Roubaix Properties Pty Ltd v Somerset Regional
Council [2020] QPEC
34
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of development application for a Relocatable Home
Park ASSESSMENT – compliance with State Planning Policy in
respect of flood risk – compliance with the planning scheme
– relevant matters. Planning Act 2016 Qld ss 8, 45, 60;
Planning and Environment Court Act 2016 Qld ss 43, 45, 46; Planning
Regulation 2017 Qld s 30.
Franciskovic v G & J Tenni Pty Ltd &
Anor [2020] QSC
215
REAL PROPERTY – EASEMENTS – EASEMENTS
GENERALLY –ABANDONMENT, SUSPENSION, EXTINGUISHMENT OR
MODIFICATION – EXTINGUISHMENT – STATUTORY – where
an easement dating back to the 1920s ran along three properties,
providing access from a main street to the third property –
where subsequently another road was laid providing access to all
three properties – where there is no physical sign of the
easement anymore – where the easement had been abandoned
since at least 1984 – where the nature of the neighbourhood
has changed – whether the easement has been
"abandoned" – whether the easement is
"obsolete"
Property Law Act 1974 Qld s 181(1)(a), s 181(1)(c), s 181(2), s
181(4)
Moreton Bay Regional Council v Meredith &
Ors [2020] QPEC 36
PLANNING AND ENVIRONMENT – CONTEMPT – where
Planning and Environment Court judge has power to punish for
contempt. District Court Act 1967 Qld; Planning and Environment
Court Act 2016 Qld; Uniform Civil Procedure Rules 1999 Qld
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.