Australia: Property & Projects - What's News - 6 October 2015

Last Updated: 8 October 2015
Article by Chris Lovell, Lou Farinotti and Steve Aitchison

Most Read Contributor in Australia, September 2017

In the media – National

Once again, Australia's sustainable property portfolios lead the world
Australia and New Zealand continue to lead the world in sustainable real estate practices, according to the latest GRESB report (23 September 2015).  More...

Money laundering poses risk to property lawyers
Money laundering activities are rife in the property industry and lawyers could be implicated if they are not careful, according to a financial crime consultant (22 September 2015).  More...

Additional divestment of illegally owned properties
The Treasurer announces that he has ordered the sale of five additional residential properties unlawfully held by foreign nationals. The foreign investors involved either purchased established property without Foreign Investment Review Board approval, or had approval but their circumstances changed (16 September 2015).  More...

In the media – New South Wales

Urban Taskforce:  Innovative plan for social and affordable housing
The innovative plan for a partnership between the private sector and State Government to overhaul the Ivanhoe public housing estate near Macquarie University will provide a diverse mix of social, affordable and private dwellings (25 September 2015).  More...

New land release will boost housing supply
Planning Minister Rob Stokes today announced the first major land release in Greater Sydney for a decade, and a new vision for the Greater Macarthur region (22 September 2015).  More...

World class Parramatta CBD one step closer
Planning Minister Rob Stokes has announced a new partnership between the NSW Government and Parramatta City Council to plan the future of Parramatta's Central Business District (18 September 2015). More...

Online planning expansion to make life easier
Planning Minister Rob has announced a $3.3 million expansion of the NSW Government's online planning system, to help make planning more accessible and easier to understand (14 September 2015). More...

New Priorities announced for NSW
The NSW Premier today unveiled 30 priorities for the state to grow the economy, deliver infrastructure, protect the vulnerable, and improve health, education and public services across NSW (14 September 2015).  More...

Published – articles, papers, reports - National

REIA News September
In this issue:  Australasian Auctioneering Championships; Crowd funding in property;     Money laundering; Home ownership in retirement (14 September 2015).  More...

In practice and courts – National

PPS Act amendment – PPS Lease 90 day rule
The Australian Parliament has recently passed legislation amending the Personal Property Securities Act 2009 (PPS Act) in order to reduce the number of lease transactions deemed to be 'PPS leases' under section 13(1)(e) of the Act. The Government is working toward commencement of the amendment on 1 October 2015.  More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released 2015

SRO response to the land tax decision of the Supreme Court
The matter of EHL Burgess Properties Pty Ltd v Commissioner of State Revenue concerns the application of land tax exemptions for primary production land. It specifically focuses on the definition of "greater Melbourne" in Division 2 of Part 4 of the Land Tax Act 2005 (September 2015).   More...

In practice and courts – Queensland

Draft Planning Bills for Public Comment
The draft planning bills will replace the current legislation – Sustainable Planning Act 2009 – and commence late 2016. Public comment closes on 23 October 2015.   More...  More...  More...  More...

Cases – Victoria

The Concept Developer Pty Ltd v Conroy & Ors [2015] VSC 464
PROPERTY LAW - Plan of subdivision – Owners Corporation - Alteration of lot liability on a plan of subdivision - Whether s 33(1) creates a right to apply to Registrar of Titles for a change in lot entitlement and lot liability independent of right to do so under s 32(k) - Meaning of 'just and equitable' in s 33(3) – Relevant considerations – ss 3, 32, 32AE, 33, 34D(1)(a), 34(2), 34(D)(3), of the Subdivision Act 1988 considered.  STATUTES – Interpretation – s 32 and s 33 of the Subdivision Act 1988 - Context and purpose considered - Words and phrases - 'change to lot liability', 'just and equitable', 'administrative and general expenses of the owner's corporation.'  More...

Cases – Queensland

Trojan Resorts Pty Ltd v Body Corporate for the Reserve [2015] QCAT 337
BODY CORPORATE – COMPLEX DISPUTE – where management and letting agreements assigned – where resignation of director recorded by the Australian Security and Investment Commission – whether there was a resignation of director – whether resignation of director was an event that entitled the body corporate to terminate – whether body corporate acted reasonably under s 94 of the Body Corporate and Community management Act 1997 (Qld) – whether relief sought should be granted.  More...

Brisbane Comedy Pty Ltd t/as Albion Comedy Club & Restaurant v Malisano & Ors [2015] QCAT 340
RETAIL SHOP LEASES – DETERMINATION OF CURRENT MARKET RENT – whether determination by specialist retail valuer complies with requirements of Retail Shop Leases Act – whether valuer failed to take into consideration associated arrangements – whether valuer failed to specify the matters taken into account – whether reasons for decision adequate.  More...

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.

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