In the media – National
New project to ensure locals have their say on urban
planning
A new project will help locals to have their say when it comes to
urban development, allowing local councils to capture online
opinions from residents to improve decision-making. Federal
Minister for Urban Infrastructure and Cities Paul Fletcher said the
project aimed to increase community involvement in the planning and
evaluation of major projects in the cities (13 June 2018).
More...
Australian capital cities median house price falls:
REIA
The median house price across Australian capital cities has
declined in the first quarter of 2018, according to the latest
research from the Real Estate Institute of Australia (13 June
2018).
More...
NABERS for Apartments is a "watershed moment"
for strata sustainability
NABERS for Apartment Buildings has gone live and is expected to be
a major shakeup for owners corporations, investors, developers and
builders. The new NABERS Co-assess and Waste tools – will
measure and score energy and water used in apartment common
property areas (07 June 2018).
More...
Housing for Australia's 'silver tsunami'
needs better planning
Australia is about to experience a 'silver tsunami' with
the population aged over 65 growing at a rate never seen before.
However, this booming demographic risks fewer and poorer housing
options unless our state and territory governments do a better job
of planning for housing for older Australians, including retirement
villages (22 June 2018).
More...
'The worst is over' for Australia's housing
market: Moody's
Sydney and Melbourne may be driving the nation's house price
falls, but a new Moody's Analytics report is more positive,
forecasting that prices will pick-up after this year's decline
(21 June 2018).
More...
Real estate industry on pathway to
professionalism
Real estate agents across Australia are taking steps to be
recognised as a profession which will see benefits to the consumer,
according to the Real Estate Institute of Australia
(REIA) (18 June 2018).
More...
Australian capital cities median house price falls:
REIA
The median house price across Australian capital cities has
declined in the first quarter of 2018, according to the latest
research from the Real Estate Institute of Australia (13 June
2018).
More...
In the media – Victoria
Aboriginal values are key to Victoria's water
future
This new program, in partnership with Traditional Owners across
Victoria, will support spiritual and cultural uses of water, and
create employment opportunities for Aboriginal Victorians. It will
also support the self-determination of Traditional Owners by
prioritising projects that best meet their needs regarding water
management on Country (22 June 2018).
More...
Tougher laws to protect Victoria's
environment
The Andrews Labor Government is giving Victoria's Environment
Protection Authority (EPA) the powers and tools it
needs to stop pollution in its tracks. In an Australian first, the
Bill introduces an enforceable General Environmental Duty –
to make polluters responsible for eliminating or reducing risks
posed to human health or the environment (22 June 2018).
More...
Melbourne Plan to Remove Cars from the
City
Melbourne's transport officials are considering the impact of
congestion and vehicles with the number of people using the CBD
grid expected to climb from 900,000 to 1.4 million by 2036.
Discussion papers
released by the City of Melbourne have highlighted concerns
relating to space, safety, congestion, pollution and cost when
people choose to drive in the city (22 June 2018).
More...
In the media – New South Wales
Fair go for retirees under sweeping retirement village
reforms
Retirement village residents will be the big winners under a series
of proposed NSW Government reforms to the sector, Minister for
Better Regulation Matt Kean said. The Government welcomed the
"Greiner Report", and will take immediate action to
implement the majority of the recommendations (24 June 2018).
More...
Stronger laws for off-the-plan purchasers
NSW home buyers purchasing residential properties off-the-plan will
benefit from stronger protections under new laws set to be
introduced to Parliament in the second half of the year. The
proposed changes to the Conveyancing Act that affect
disclosures, cooling off periods, holding of deposits and sunset
clauses (23 June 2018).
More...
Proposed laws to protect off-the-plan
homebuyers
Homebuyers who purchase a property off-the-plan will receive
greater protection under new laws to be introduced the New South
Wales Parliament later this year (22 June 2018).
More...
In practice and courts
Announcements, Draft Policies and Plans released 2018
Updates to standard REIQ property sale
contracts
QLS and the Real Estate Institute of Queensland
(REIQ) prepared to release new editions of the
standard contract as a result of the GST withholding at settlement
measures to take effect from 1 July 2018, to facilitate the signing
of the contracts by electronic means, and to update references to
legislation and notice clauses.
More...
REIQ sale of land contracts and GST on property
transactions
From 1 July 2018, there are changes to how GST is paid on the
settlement of the purchase of new residential premises or potential
residential land subdivisions. The Australian Taxation Office
(ATO) has published information about these
changes on its
website.
Titles Registry updates
Trust details form 20 was introduced for use from 28 May and is
available on the
Titles Registry website.
Revised Queensland Titles Registry fees will took effect on 1 July
2018.
A summary has been released listing the revised fees that apply
during the 2018-2019 financial year.
Published – articles, papers, reports
City of
Melbourne. Transport strategy refresh: Car parking. Background and
discussion
Elizabeth Taylor; City of Melbourne: 22 June 2018
This discussion paper is to inform a new City of Melbourne
Transport Strategy to 2050. A draft strategy will be released for
consultation in 2018. We are seeking your views on these issues and
ideas.
Cases
Victoria
Owners Corporation OC1-POS539033E v Black [2018] VSC
337
EQUAL OPPORTUNITY AND DISCRIMINATION – Disability
discrimination – Appeal from Victorian Civil and
Administrative Tribunal – Member of owners corporations
seeking alterations to common property to accommodate her
disability – Tribunal found that owners corporations provide
'services' as defined in the Equal Opportunity Act
2010 – Definition of 'services' –
Construction of ss 44, 45 and 56 – Whether s 56 exclusively
regulates alterations to common property of an owners
corporation– Appeal dismissed – Equal Opportunity
Act 2010 ss 44, 45 and 56 – Victorian Civil and
Administrative Tribunal Act 1998 s 148.
Sekhon & Anor v Chandyoke & Anor [2018]
VSC 327
COSTS – Property law – Application for removal of
caveat – Caveat removed – Application for indemnity
costs – Whether circumstances are special or unusual such as
to justify departure from usual 'standards costs' order
– Application for costs against non-party – Indemnity
costs ordered against first defendant – No costs ordered
against non-party – Civil Procedure Act 2010 (Vic) s 29
– Supreme Court (General Civil Procedure) Rules 2015
(Vic) r 63.23.
Port Douglas Car Rental Pty Ltd v Nillumbik SC
[2018] VCAT 927
Section 77 Planning and Environment Act 1987 –
Neighbourhood Residential Zone Schedule 1 – Significant
Landscape Overlay Schedule 2 – Environmental Significance
Overlay Schedule 1 – Heritage Overlay Schedule 36 –
four dwellings and subdivision into four lots - neighbourhood
character – amenity – tree retention and
landscaping.
Kairouz v Stonnington CC [2018] VCAT
907
Section 79 of the Planning and Environment Act 1987; Stonnington
Planning Scheme; General Residential Zone, Heritage Overlay;
partial demolition and construction of a part three storey
apartment building; design response to heritage significance and
amenity impact on adjoining dwellings.
Queensland
Carew-Reid v Hart [2018] QCAT
167
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where bamboo
provided privacy to tree keeper – whether bamboo causing
substantial, ongoing and unreasonable interference with the use and
enjoyment of neighbour's land – whether severe
obstruction of a view – whether serious damage to property on
the neighbour's land – whether the Tribunal should
exercise discretion to make any order.
Cases to 18 June 2018
Manser v Radalj [2018] QCA 100
Purchase of property – tenants in common
BWP Management Limited v Ipswich City Council; W & V
Nominees Pty Ltd as Tte for the Elton Family Trust No.3 v Ipswich
City Council [2018] QLC 14
REAL PROPERTY – RATES AND CHARGES – rating of land
– categories of land – more than one applicable
category.
RATES – RATING – differential general rates –
appeal by land owners against decision of local authority on the
land owners objection to a rating category for the land.
STATUTES – subordinate legislation – construction
– relevant principles – ordinary and grammatical
construction – purpose and subject matter – whether
construction favouring taxpayer appropriate – liberal
construction – where more than one definition applies –
consideration of absurd results.
INTERPRETATION – general rules of construction of instruments
– Acts Interpretation Act.
Legislation
Commonwealth
Bills
Water Amendment Bill 2018
Introduced HR 30/05/2018 Third reading - The Water Amendment Bill
2018 (the Bill) will amend the Water Act
2007 (the Water Act) to enable the
Commonwealth Water Minister (the Minister) to
direct the Murray-Darling Basin Authority (the
Authority) to prepare an amendment to the Basin Plan 2012
(the Basin Plan) that is the same in effect as a
Basin Plan amendment that has previously been disallowed, or taken
to have been disallowed, by either House of Parliament.
Victoria
Bills
Environment Protection Amendment Bill
2018
Introduced into Parliament 2nd reading moved 20/6/18.
Flora and Fauna Guarantee Amendment Bill
2018
Passed 21/6/18 introduced and 2nd reading moved 21/6/18.
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.