Australia: Property & Projects - What's News - 12 November 2012

Last Updated: 18 November 2012
Article by Steve Aitchison

Most Read Contributor in Australia, September 2016

In the media – National

NABERS - energy ratings given a clearer ruling
After lengthy public consultation, the National Australian Built Environment Rating System has ruled it will recognise low-emissions energy supplied off-site to boost a building's ratings, but will require that the NABERS Energy certificate disclose what the building's star rating would have been if the green energy had not been purchased (31 October 2012) More...

Colliers - Foreign investment in Australian commercial real estate up significantly
According to the latest foreign investment report by Colliers, foreign investment in commercial real estate has increased significantlyForeign investors accounted for 67% of all commercial property transactions in Australia in the third quarter of 2012, compared with just 30% in the same quarter the year before (29 October 2012) More...

In the media – Victoria

Government accused of stamp duty 'double dipping'
Builders have accused the Victorian Government of double dipping on stamp duty charges for house and land packages under changes to tax laws. Previously, only homebuyers were charged stamp duty when they bought a house and land package in a new housing estate (31 October 2012) More...

A timely review of vendor statements
The Consumer Affairs Minister Michael O'Brien has released a discussion paper into the efficiency and effectiveness of Section 32 of the Sale of Land Act 1962, as part of its commitment to cut 'red tape' for businesses and the community (31 October 2012) More...

In the media – New South Wales

Property Council of Australia and Urban Land Institute MOU
The Property Council of Australia and the Urban Land Institute (ULI) have announced a strategic alliance which aims to foster a more informed, transparent, efficient and respected real estate marketplace in Australia and the Asia Pacific region (31 October 2012) More...

In the media – Queensland

Report - infrastructure ill-prepared for the impacts of climate change
The Climate Institute's report says Australia will face human and economic costs across the property, electricity, road and rail and finance sectors because its infrastructure is not equipped to handle more frequent extreme weather events and other consequences of climate change (31 October 2012) More...

National house price recovery stalls in October
According to the RP Data Rismark, home prices fell in October after four months of gains, dashing hopes of a quick housing market recovery aided by lower interest rates. Capital city homes prices fell 1 per cent in October, following a 1.4 per cent increase in September (01 November 2012) More...

SCA Property Group – the new Shopping Centres Australia Property Group
Woolworths Limited has announced that it is setting up a new property group to hold 69 shopping centres in which Woolworths' stores are the major tenants. The new property trust is known as the Shopping Centres Australia Property Group (or SCA Property Group), and is expected to list on the ASX on 26 November 2012 (31 October 2012) More...

High-rise building fire safety compliance concerns
There is a growing concern in the fire protection industry about whether high-rise residential buildings are complying with Australian safety standards (27 October 2012) More...

National foreign ownership register for agricultural land
The Gillard Government will implement a national foreign ownership register for agricultural land following detailed consultations with stakeholders. This will provide the community with a more comprehensive picture of the specific size and location of foreign agricultural landholdings over and above what is currently available (24 October 2012) More...

Queensland to simplify property laws governing agents The Queensland government has announced plans to simplify the legislation that governs the real estate industry which will involve splitting the Property Agents and Motor Dealers Act (PAMD Act) into four separate Acts to better reflect and represent each of the sectors (24 October 2012) More...

In practice and courts – Victoria

Current Draft Policies and Plans, Announcements

Discussion paper: efficiency and effectiveness of Section 32 of the Sale of Land Act 1962
Section 32 requires anyone selling land in Victoria to disclose certain information about the property by providing a vendor statement to prospective purchasers. The discussion paper invites community and stakeholder debate around the effectiveness of Section 32 and how this section might be reformed for the benefit of both the buyer and seller. The closing date for submissions is 20 December 2012 (31 October 2012) More...

In practice and courts – Queensland

New Book: Retrofit Industry
The Fifth Estate new eBook outlines the enormous potential of Environmental Upgrade Agreements (EUAs); a finance mechanism which it says will unlock 'billions of dollars' required upgrading 'aging and unsustainable' existing building stock throughout the country (25 October 2012) More...

Guideline for the construction of buildings in flood hazard areas (Mandatory Part 3.5) The new guideline will assist in the understanding of the new part of the Queensland Development Code (QDC) for construction of buildings in flood hazard areas. This covers legislation and standards relating to the construction of buildings in flood hazard areas (30 October 2012) Guideline for the construction of buildings in flood hazard areas (Mandatory Part 3.5)

Qld Lodgement fees for title dealings to increase
The Land Title and Other Legislation Amendment Regulation (No 1) 2012 was notified on 26 October 2012 and, upon commencement, will impact the regulatory fees specified in a number of Queensland Regulations, including the Building Units and Group Titles Regulation 2008, Land Regulation 2009, Land Title Regulation 2005, and Water Regulation 2002. The amending Regulation can be found here(30 October 2012)

Notification: repeal of state planning regulatory provisions
The Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions is repealed, effective 26 October 2012. The repealed instrument has effect only in the local government areas of Cairns, Cassowary Coast and Tablelands regions and Wujal Wujal and Yarrabah shires. See details at

New PAMDA reforms for Queensland
Currently, there are nine licence categories for property agents, but under the split there will be just three with pastoral house licences incorporated into real estate agent licenses and will incorporate the Form 30c warning statement into the contract. In making the statement the AG said that draft Bills will be released shortly for public consultation (23 October 2012) More...

Cases – Victoria

Rultinand Pty Ltd v CPT Custodian Pty Ltd (Retail Tenancies) [2012] VCAT 1572
LANDLORD AND TENANT – whether agreement to lease entered into; whether there was acceptance of an offer to lease; revocation of offer - Unconscionable conduct; whether refusal to offer new lease constitutes unconscionable conduct More...

24 Hour Fitness Pty Ltd v W & B Investment Group Pty Ltd (Retail Tenancies) [2012] VCAT 1560
Retail Tenancies List; Retail lease of premises for gymnasium and fitness academy; Whether lessee precluded from exercise of option contained in lease by virtue of defaults under lease; Retail Leases Act 2003, Section 27(2), Lessee entitled to exercise option, orders made accordingly More...

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