Australia: Property & Real Estate - What's News - 18 April 2016

Last Updated: 22 April 2016
Article by Chris Lovell, Lou Farinotti and Lisa Cody

Most Read Contributor in Australia, September 2017

In the media – National

Urban Taskforce of Australia: A Broad Land Tax should replace Stamp Duty
Recent discussion in the media has advocated for the end of stamp duty, to be replaced with an ongoing annual land tax, and this move has gained widespread support from business groups, social service advocates and the development industry (05 April 2016). More...

Lendlease sets new benchmark for liveable cities
Lendlease's Barangaroo South has been awarded a 6 Star Green Star - Communities rating (30 March 2016). More...

In the media – Queensland

MOU signed in Hong Kong for tourism resort development on the Gold Coast
International investor confidence in Queensland is surging with two Hong Kong corporations signing a Memorandum of Understanding to co-invest in an $850 million tourism development on the Gold Coast (07 March 2016). More...

In practice and courts –Queensland

Announcements, Draft Policies and Plans released 2015

Updated public ruling released by Office of State Revenue On 29 March 2016, the Commissioner of State Revenue issued public ruling DA505.2.2—Dutiable value of transfers of land to local governments. This ruling has been amended to include an example at paragraph 11 and to ensure that references to the Commissioner are gender neutral. No substantive changes were made to the ruling (31 March 2016). More...

Land title practice manual
From 1 May 2016, the Land Title Practice Manual will outline new requirements applicable to all instruments and documents executed and witnessed outside Australia, including all Titles Registry forms and powers of attorney which are lodged for registration. More...

Cases – Victoria

Mathieson Nominees v Aero Developments & Ors [2016] VSC 131
REAL PROPERTY – Torrens scheme of registration of land in Victoria under ss 40 to 43 of the Transfer of Land Act 1958 (the "TLA") – In personam exception to indefeasibility – Claim under Barnes v Addy – Knowing receipt (first limb) and knowing assistance (second limb) – Knowledge an essential requirement under both limbs – Knowledge under first limb – The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) applied – Knowledge under second limb – Farah Constructions Pty Ltd v Say-Dee Pty Ltd applied – Tests as to knowledge under both limbs of Barnes v Addy the same – Barnes v Addy claims not established on the facts – No breach of any relevant fiduciary duty and no relevant knowledge of any such breach – Claim under Barnes v Addy not a personal equity which defeats the indefeasibility provisions of the TLA – Farah Constructions v Say-Dee settles the question – Observations of Tadgell JA in Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd on the law in Australia – No basis for maintaining any in personam exception to the indefeasibility of the title of the registered proprietor. SALE OF LAND – Effect of nomination of party to take transfer – Whether a charge on the land enforceable against nominated party – Construction of nomination clause. SECURITIES – Fixed and floating charge over company assets – Whether an equitable charge or an equitable mortgage – An equitable charge and an equitable mortgage both create a proprietary right in the charged property – Differences between an equitable mortgage and an equitable charge – Equitable mortgage created. More...

Koroneos v Koroneos (Building and Property) [2016] VCAT 461
Co-ownership of land; father and son registered joint proprietors; application by son for orders under Part IV Property Law Act 1958. More...

Cases – New South Wales

SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd [2016] NSWSC 362
CONTRACT – rectification – auction – where contract specified purchase price to be inclusive of GST -whether common intention that purchase price be exclusive of GST. More...

Cases – Queensland

International Palace Pty Ltd v Novaheat Pty Ltd [2016] QSC 075
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS - INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where there is a commercial contract for the sale of land – where the contract is conditional upon satisfaction of due diligence period – where a vendor's right to termination arises – where a purchaser subsequently waives a condition inserted for a purchaser's benefit – whether a vendor's right to termination is defeated. CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – VENDOR'S REMEDIES – RESCISSION OR TERMINATION – PURSUANT TO CONDITION GIVING RIGHT TO RESCIND OR TERMINATE – where a purchaser fails to satisfy the due diligence condition – where a vendor terminates the contract because of a purchaser's failure to satisfy the due diligence condition – whether the contract is voidable – whether there is a valid termination. PROCEDURE – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – OTHER MATTERS – where the defendant in the proceeding applies for a summary judgment on a counterclaim – whether pursuant to r 292 Uniform Civil Procedure Rules 1999 summary judgment should be given in respect of the counterclaim. More...

Salsabil Charitable Organisation Pty Ltd v Gold Coast City Council & Anors [2016] QPEC 017
PLANNING AND ENVIRONMENT – APPEAL –Development Application for Material Change of Use for a Place of Worship – Site located in established light industrial area. CONFLICT – Conflict with planning scheme – Grounds – Whether strong planning need for the proposed development justifies approval notwithstanding conflict – weight to be given to new planning scheme introduced after development application lodged. ISSUES FOR DETERMINATION – Planning need – Traffic and parking – Amenity. More...

Horsburgh v Emerald Rock Pty Ltd [2016] QCA 047
The respondent and the lessee agreed to a surrender of the lease on terms and conditions, including an acknowledgment by the lessee that it was indebted to the respondent in the stated sum with respect to rental and other monies outstanding and owing to the respondent pursuant to the lease for which the respondent was then entitled to issue proceedings and enter judgment for that amount as a liquidated debt. The appellant appeals a District Court judgment against it of an amount exceeding $300,000 in favour of the respondent. More...

2040 Logan Road Pty Ltd v Body Corporate for Paddington Mews [2016] QSC 040
REAL PROPERTY – EASEMENTS – EASEMENTS GENERALLY – CREATION – BY EXPRESS AGREEMENT OR UNDER STATUTE – STATUTORY EASEMENTS – where the applicant applied for a statutory right of user pursuant to s 180 of the Property Law Act 1974 (Qld) – where an easement was sought over a private driveway to facilitate access to two proposed carparks on the applicant's land – whether the proposed easement was reasonably necessary in the interests of the effective use of the applicant's land – whether the grant of an easement would be in the public interest – whether the respondent unreasonably refused to agree to accept the imposition of the easement. More...

Legislation – Queensland

Bills Updated

Planning and Environment Court Bill 2015
Introduced: on 12/11/2015. Stage reached: Report from Committee on 8/04/2016.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.