In the media
Commonwealth
Only vaccinated shoppers should be allowed in malls,
says Solly Lew
The head of one of Australia's largest retailers has
called on shopping centre owners and federal and state governments
to ban unvaccinated shoppers from malls around the country to
protect staff and customers (23 September 2021). More...
Federal government urged to intervene with states on
stamp duty
An inquiry into housing affordability has heard states
should be incentivised by the federal government to scrap stamp
duties, which can add tens of thousands of dollars to house prices
(17 September 2021). More...
$7 million for recycling in regional and remote
Australia
The Morrison Government has announced $7 million for
recycling in regional and remote Australia as it continues to
create jobs and help our environment by turbocharging
Australia's waste and recycling industry (14 September 2021).
More...
Home APS news work-at-home research finds it could
overstay
The Productivity Commission has released a research paper predicting that many
Australians will continue to work from home after the COVID-19
pandemic is over. It also considers what an increase in working
from home might mean for workplace regulation, urban centres and
wellbeing more generally (16 September 2021). More...
Victoria
$80 million in regional housing funding up for
grabs
The Victorian Government is calling on all developers and
landowners in regional Victoria to put forward any developments or
vacant land that could be turned into social or affordable housing
(23 September 2021). More...
Luxury apartments to tower above Chapel Street's Jam
Factory
Four luxury apartment towers - the highest rising 25
levels - will rise above Chapel Street's famous Jam Factory as
part of a new $1.5 billion proposal for the historical South Yarra
retail landmark (22 September 2021). More...
Victoria to pursue 7-star energy efficiency vision
An assessment of proposed national energy efficiency
standards for new homes released understates the health, climate
and energy benefits of moving to 7-star building standards. To
ensure Victorians get the benefit of lower power prices and more
comfortable homes, the Victorian Government will continue to pursue
its Climate Change Strategy, which improves energy efficiency
standards to slash emissions, reduce costs and increase comfort (20
September 2021). More...
Community encouraged to get involved in Junction
Place
Development Victoria and Central Place remain committed to
delivering an outstanding development for the community of Wodonga
and have confirmed that a cinema remains a key priority for the
site (15 September 2021). More...
Local councils in Victoria investigate mandatory net
zero carbon buildings, but that's not all
If you want to build a house or building in certain
Victorian locations, you may soon be obliged to meet mandatory net
zero targets, thanks to the dedicated work of an alliance of
councils in the state (15 September 2021). More...
NSW
Government Developer Contributions Bill: Community and
council futures at stake
NSW Government's planned rule changes to developer
contributions threaten community infrastructure and financial
viability of councils (16 September 2021). More...
Queensland
Siera Group plots maiden Gold Coast project
Brisbane-based developer Siera Group has lodged plans for
its maiden development on the Gold Coast, a $75-million apartment
tower on Chevron Island. Leaning into the work-from-home
phenomenon, the development will also include a 70sq m private
office space (21 September 2021). More...
James Street's civic-theming to be expanded with new
proposal
A new development application by Brisbane-based Forme has
been submitted which will expand James Street towards New Farm and
continue the popular retail high street's unique subtropical
architecture (20 September 2021). More...
Developer files 28-storey Chevron Island tower
plan
A private developer has lodged plans for a residential
tower on Chevron Island, a suburb currently awash with high-rise
development as the booming local property market continues to
gather pace (17 September 2021). More...
Real estate agent ordered to pay more than $22,000
A property management company has been fined $10,000 and
ordered to pay compensation of $12,360 to consumers who were out of
pocket after being charged for services they didn't want and
which they hadn't authorised, for breaches of the Property
Occupations Act 2014 and the Agents Financial Administration Act
2014 (17 September 2021). More...
The Spit's last beachfront development site hits the
market
A golden opportunity to develop the last beachfront site
on The Spit is expected to draw international interest from
development companies, and form part of Queensland's economic
recovery (16 September 2021). More...
Developer lodges plans in 'undervalued' Mermaid
Beach
Melbourne developer Hirsch and Faigen is moving ahead with
plans for its third development on the Gold Coast as they look to
take advantage of rising demand for new apartments and a looming
under-supply of stock (15 September 2021). More...
20-year Infrastructure plan to make inroads
The Department of State Development, Infrastructure, Local
Government and Planning has released a detailed four-year program
and a draft vision for the State's infrastructure needs over
the next two decades (14 September 2021). More...
Office occupancy highlights ongoing CBD challenge
The Property Council's latest office occupancy data
underlines the importance of increased vaccination uptake in
restoring activity levels in our city centres. The monthly survey
of office landlords revealed Brisbane's CBD office occupancy
rate dropped to 60 per cent of pre-COVID levels in August (13
September 2021). More...
Olympic Stadium prompts 181-apartment tower plan
Developers are eyeing the $1-billion Olympic Stadium
redevelopment, lodging an application for 181 apartments at a
corner block near Brisbane's Gabba. The latest application
identified The Gabba at the "jewel of the Games" and
it's substantial refurbishments as the main driver for the
development (13 September 2021). More...
Published - articles, papers, reports
Australian Bureau of Statistics
14 September 2021 Residential Property Price Indexes: Eight Capital
Cities
In practice and courts
Commonwealth
API: Valuation Protocol - Guidance for Risk Ratings
during the declared "Crisis/State of Emergency"
The purpose of this Valuation Protocol is to provide
guidance for Valuer Members in relation to risk rating assessments
during the API declared Crisis/State of Emergency period for
valuations undertaken utilising the API PropertyPRO Supporting
Memorandum and those undertaken subject to the ABFI ADDENDUM
Special Instructions Residential Valuation Standing Instructions
for PropertyPRO Valuations Reports (16 September 2021). More...
API: ABFI Residential Valuation Standing Instructions
Version 3 coming soon
The RVI Group has conducted a review of V2.2.2 of the ABFI
Residential Valuation Standing Instructions and a revised version
(V3), which will come into effect on 1 December 2021 will be
circulated in the coming weeks. The API education team will be
creating a standing instruction training module related to RVSI V3
which will be available from 1 October 2021 (2021). More...
GBCA: Green Star certification 2021 dates for your
project
The guidelines below (based on typical time frames),
specify the deadlines you'll need to meet in order to have your
project certified in time for key milestones (2021). More...
Announcements, Draft Policies and Plans released 2021
NSW
Registrar General: eConveyancing - Lodgment Rules
Version 2 now published
Version 2 of the Lodgment
Rules (Rules) will replace Version 1 on
11 October 2021. All documents lodged with NSW Land Registry
Services from that date must comply with the requirements set out
in the Rules. The Rules are now published our Lodgment Rules page (20 September
2021).
Cancellation of CTs
Certificates of title will be cancelled and all dealings
must be lodged electronically from 11 October 2021. More...
NSW Revenue: How can a commercial tenant
demonstrate that they meet the requirement to have less than $50
million in annual turnover?
To be eligible, a commercial tenant must have had, or is
part of a group which had, an annual turnover of less than $50
million in the 2019/2020 financial year. This can be demonstrated
with documentation such as a letter from an accountant, a tax
return, BAS or other financial statements. Any other documentation
that helps demonstrate eligibility will be given consideration
(September 2021). More...
Cases
Atanasovski & Anor v Huu Loi Yarra
Valley Pty Ltd & Ors [2021] VSC
594
DECLARATIONS - injunctions - real property - priorities -
application by purchaser for declaration that mortgagee vendor not
entitled to refuse to perform settlement obligations - oral
application for interlocutory injunction restraining completion of
contract of sale by different purchaser under earlier contract with
registered proprietor - availability of specific performance where
registered proprietor has lost right to redeem mortgage - prima
facie case - balance of convenience - Property Law Act 1958 (Vic) s
49 - Transfer of Land Act 1958 (Vic) ss 76, 77.
Betts v
Harman [2021] VCC
1349
Sale of land; sale by owner builder; failure to annex required
insurance as provided by s137B of the Building Act 1993; whether
parties contracted out of the purchaser's entitlement to
rescind; whether purchaser elected to affirm contract; whether
precluded from rescission by waiver estoppel; whether time for
provision of insurance material extended by terms of contract;
whether purchaser's failure to settle on time precludes
purchaser from rescinding.
Sale of Land Act 1962 ; Building Act 1993
Sheridan v Australian Pacific Airports
(Melbourne) Pty Ltd [No 2] [2021] VSC
593
PRACTICE AND PROCEDURE - declaratory relief - defendant sought
declaration by counterclaim - defendant successful on issue at
trial - plaintiffs nevertheless opposed declaratory relief -
declaratory relief granted.
PRACTICE AND PROCEDURE - costs - first plaintiff obtained only
nominal damages at trial - plaintiffs had served notice to admit -
defendant had served offers of compromise - offers of compromise
not effective - plaintiffs ordered to pay costs, but with some
exclusions - Supreme Court (General Civil Procedure) Rules 2015
(Vic) rr 26.08, 35.06, 63.18.
Accordingly, I consider it appropriate to declare that: The first
defendant, in its capacity as tenant, is entitled to exclude the
plaintiffs from entering onto the land which it occupies under a
lease from the Commonwealth of Australia entered into on or about 1
July 1997 known as Melbourne Airport for the purpose of providing
commercial hire care services, unless they comply with the
conditions upon which the first defendant is prepared to permit
them to do so.
Lanhai Pty Ltd v 7-Eleven Stores Pty
Ltd [2021] VSC 587
INJUNCTION - application for mandatory injunction for franchisor to
maintain lease with third party and to restrain termination of
franchise agreement - principles to be applied - balance of
convenience favoured retention of status quo. MISLEADING AND
DECEPTIVE CONDUCT - availability of interlocutory and permanent
injunctive relief on alleged contravention of s 18 of the
Australian Consumer Law.
Bottos v CityLink Melbourne
Ltd [2021] VSC 585
REAL PROPERTY - trespass - adverse possession - factual possession
- intention to possess exclusively - subterranean incursion -
stratification of title by adverse possession - adverse possession
by tenant on behalf of landlord - acknowledgment of title -
Limitation of Actions Act 1958 (Vic) ss 8, 9, 14, 18, 24, 25.
TORTS - trespass - causation - natural and probable consequence
test - but for test.
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.