In the media – National
PCA: Strong growth in housing finance for owner
occupiers
New data on housing finance shows owner-occupiers are
taking up the slack in the housing market but also underline the
risk of potential changes to negative gearing. ABS Housing
Finance data shows the value of housing finance commitments
increased nationally by 13.2 percent over the 12 months to December
2015 (12 February 2016).
More...
ASIC consults on 'sunsetting' property and
management class orders
ASIC today released a consultation paper proposing to
remake eight class orders that are due to expire ('sunset')
between 2016 and 2018. The class orders relate to property, strata
and management rights schemes (08 February 2016).
More...
CBD program looks set to be extended to smaller
offices
An independent review of the Commercial Building
Disclosure program has recommended reducing the size threshold at
which offices are obliged to participate, from 2000 square metres
down to 1000 sqm. The report found that there was no evidence
to support extending the CBD program to other types of buildings,
such as shopping centres, hotels, schools and hospitals (08
February 2016).
More...
GBCA: Expanded CBD program can tackle mid-tier
buildings
An independent review of the CBD program, which was
developed to drive energy efficiency improvements in the commercial
office sector, has found $44 million in benefits have been realised
in just four years (05 February 2016).
More...
In the media – New South Wales
Developers deny 'land grab' exploits forced
council mergers
Fears among NSW local governments that eagle-eyed
property developers are preparing to swoop on a raft of iconic town
halls, municipal buildings and other landholdings made redundant
through controversial forced council mergers are simply baseless
according to the Urban Taskforce (08 February 2016).
More...
Public inquiries into NSW council mergers kick off
Residents, councillors, organisations and council staff
spoke across a wide range of issues with almost all speaking in
opposition to the creation of a new super council (03 February
2016). More...
In the media – Queensland
$15 million more accelerated works projects for Mackay
region
Premier Annastacia Palaszczuk has announced the
fast-tracking of more Government-funded capital works projects in
the Mackay region (10 February 2016).
More...
Western Queensland Councils to benefit from planning
innovation
Murweh Shire Council will soon have a new planning scheme
and other small western shires will reap the benefits, thanks to an
innovative partnership with the Department of Infrastructure, Local
Government and Planning (05 February 2016).
More...
Queen's Wharf Brisbane PDA development scheme
approval to boost jobs
The $3 billion Queen's Wharf Brisbane Integrated
Resort Development will deliver a world-class
tourism, leisure and entertainment precinct for Queensland. The
Queen's Wharf Brisbane Priority Development Area development
scheme provides the planning framework for the assessment of the
Destination Brisbane Consortium proposal (01 February 2016).
More...
In practice and courts – National
Public Consultation & Final Report for Commercial
Buildings Disclosure (CBD) Program Review
Public consultation is being sought until 12 March 2016,
on the following proposed changes: Lowering the threshold for
mandatory disclosure of energy efficiency information on buildings
from 2,000m2 to 1,000m2 to capture smaller office buildings; and
Extending the certification validity period for the energy
efficiency office lighting assessment, (tenancy lighting assessment
TLA), from one to five years. More... More...
ASIC consultation: 'sunsetting' property and
management class orders
ASIC proposes remaking the eight class orders by
consolidating seven of them into a single instrument to be known as
ASIC Corporations (Serviced Apartment and Like Schemes) Instrument
2016/XX. Consultation Paper 250 Remaking ASIC class
orders on property, strata and management rights schemes
outlines the class orders to be remade and our rationale for
remaking them. Submissions on CP 250 are due by 8 March 2016 (08
February 2016).
More...
More...
Consultation on proposed changes to NGER audit
provisions
The Department of the Environment is seeking public
comment on further draft amendments to the National Greenhouse
and Energy Reporting Regulations 2008. The consultation closes on
19 February 2016. Amendments to the National Greenhouse and Energy
Reporting Regulations 2008 will include proposed changes to a
number provisions related to greenhouse and energy auditor
registration (10 February 2016). More...
More...
NGER
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2015
Title registry Alert: Revised practices under sections
11A and 11B of the Land Title Act 1994 and 288A and 288B of the
Land Act 1994 to take effect from 1 March 2016
the Registrar of Titles has revised the existing practice
guidelines to align those practices with the obligations for
financial institutions and other subscribers who undertake land
tilting transactions electronically under the Queensland
Participation Rules determined under the Electronic Conveyancing
National Law (Queensland).
More...
Under sections 11A(3) and 11B(3) of the Land Title Act 1994 and sections 288A(3) and 288B(3) of the Land Act 1994 a mortgagee or mortgage transferee takes reasonable steps if they comply with practices included in the Land Title Practice Manual for the verification of identification of mortgagors. More...
Cases – Victoria
Frontlink Pty Ltd v Commissioner of State
Revenue [2016] VSC
25
TAXATION – Growth Areas Infrastructure
Contribution – GAIC – GAIC levy – Excluded
subdivisions of land – Sequential subdivisions –
Purpose of subdivision – Planning and Environment Act 1987,
Pt 9B, s 201RF – Commissioner of State Revenue v
Challenger Property Nominees Pty Ltd [2006] VSC 203; (2006) 63
ATR 65 – R & R Fazzolari Pty Ltd v Parramatta City
Council [2009] HCA 12; (2009) 237 CLR 603. More...
Yuksels Nominees Pty Ltd v Nguyen & Anor (Ruling
No.2) [2016] VSC
37
COSTS – Application to remove caveat –
Caveat removed – Whether or not indemnity costs should be
awarded – costs awarded on the standard basis –
Love v Kempton [2010] VSC 254. More...
Colosseum Pty Ltd v Commissioner of State Revenue
(Review and Regulation) [2016] VCAT 130
Review and Regulation List – Land Tax – Primary
Production exemption – land in an Urban Zone in Greater
Melbourne – whether land substantially used in the business
of Primary Production – the business of the applicant –
whether a beneficiary of the applicant is engaged substantially
fulltime in the capacity of the business of Primary Production
carried on the land – Discretionary Trust –
Beneficiaries other than natural persons – Land Tax Act
2005 – s.67 (both prior to and subsequent to 2011
Amendment). More...
Melbourne Gourmet Foods Pty Ltd v Lawther (Building
and Property) [2016] VCAT 160
Commercial tenancy – written form of lease –
some matters to be agreed upon missing from document –
conflict between provisions – no indication as to which
meaning intended – no prior oral agreement as to matters in
doubt - whether purported lease void for uncertainty –words
used must evince a definite meaning – impossible to find
agreement as to essential matters – purported agreement void
– amendment of part of document – whether deficiencies
cured - purported renewal of void lease – possession of
premises and payment of rent monthly – periodic tenancy
– notice to quit by landlord - damages as mesne profits
payable by tenant for occupation of land following termination of
tenancy. More...
Scaringi v Wealth Services Pty Ltd (Civil
Claims) [2016] VCAT 88
Alleged breach by real estate agent of agreement with
owner-client; breach of fixed term tenancy by tenant sub-letting;
Residential Tenancies Act 1993 s253 (1); agent served
Notice to Vacate without landlord's knowledge; sub-tenant
vacated; landlord lost rent until premises re-let; s210; agent
failed to inform landlord that landlord entitled to claim
compensation from tenant equal to lost rent; agent ordered to
compensate landlord for rent lost. 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.