Australia: Property & Real Estate - What's News - 14 June 2016

Last Updated: 20 June 2016
Article by Chris Lovell, Lou Farinotti and Lisa Cody

Most Read Contributor in Australia, September 2017

In the media – National

The new tax rule for buying and selling Aussie property
In just a few weeks, the ATO will implement a new tax rule, which will be put in place in order to prove the seller is an Australian resident, requires sellers of residential and commercial properties for more than $2 million to obtain and present a buyer with a clearance certificate by the settlement date in order to be paid the full sale price (02 June 2016). More...

In the media – Queensland

Revealed: The new name and logo of Australia's largest electricity distributor
Australia's largest electricity distributor will be named 'Energy Queensland' following the merger of Ergon and Energex in coming weeks, announced Treasurer Curtis Pitt at the new company's headquarters in Townsville today (02 June 2016). More...

PCA: Brisbane rents in decline
Brisbane renters are benefiting from real falls in rents according to a new analysis of CoreLogic rental data by the Property Council of Australia. "In the last quarter we have seen real rents in Brisbane actually fall for the first time in 20 years of data collection" (31 May 2016). More...

Queensland Competition Authority releases final decision into regional electricity prices
The Queensland Competition Authority (QCA) today released its final determination on regulated retail electricity prices for regional Queensland in 2016-17 (31 May 2016). More...

Treasurer inspects job-generating $251M UQ student housing project
A new $251 million student accommodation precinct housing 1,300 students will be built at the University of Queensland and create 620 jobs during construction and a further 30 ongoing jobs (31 May 2016). More...

Published – articles, papers, reports

When e-Conveyancing Becomes Conveyancing
Legal Practice Intelligence: Peter Frankl: 02 June 2016 E-conveyancing is on the path to becoming the new conveyancing. How long will it be until we drop the "e" from e-conveyancing and take it for granted that conveyancing has become fundamentally a digital process?

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2015

Title Registry Alert, 31 May 2016
The revised Queensland Titles Registry fees will take effect from 1 July 2016.
The new fees for the 2016-2017 financial year are prescribed in the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016 which is available on the Office of the Queensland Parliamentary Counsel website. More...

Cases – Victoria

Jopam Nominees Pty Ltd v Owners Corporation No 1 PS4474926 (Owners Corporations) [2016] VCAT 851
Licence – assignment of licence – deed of licence by owners corporation to owners of five lots to use part of common property for signage purposes – qualified prohibition on assignment without consent of owners corporation unless to a person who was proprietor of all five lots – purported assignments without consent to persons who became successive proprietors of four lots only – assignments effective against assignors but not against owners corporation.
Waiver – whether owners corporation's conduct amounted to waiver by election or to misleading or deceptive conduct – owners corporation certificates disclosed the licence but not the first assignment – Owners Corporations Act 2006 s 151; Owners Corporations Regulations 2007 regs 10, 10A, 11; Fair Trading Act 1999 s 9(1). Injunction – whether injunctive relief available to enforce a licence or to restrain a breach of a licence.

Cases – Queensland

Farrah v Brisbane City Council (No 2) [2016] QPEC 023
APPEAL AGAINST REFUSAL OF AN APPLICATION TO DEMOLISH TWO PRE-1911 HOUSES – where houses located in inner city suburb of West End – where houses located in a Demolition Control Precinct. WHETHER THE HOUSES WERE REASONABLE AND CAPABLE OF BEING MADE STRUCTURALLY SOUND. VALUATION EVIDENCE – where evidence of the value of the land and houses thereon of little assistance. COSTS – where appellant/applicant succeeded in having the decision of the respondent overturned – where the costs ought be awarded to successful party – whether other circumstances warranted there being no orders as to costs.

Legislation – Commonwealth

Bills Updated in the last week

Retail Shop Leases Amendment Bill 2015
PASSED with amendment on 10/05/2016 Assent Date: 25/05/2016 Act No: Act No. 21 of 2016. Commences: by Proclamation.

Acts as passed 25 May 2016

No 21 Retail Shop Leases Amendment Act 2016

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