In the media – National
2017 Property Optimism Felt Nation-Wide
Despite New South Wales taking credit for having the highest
confidence in the property sector in 2017, the year has begun with
a nation-wide high in confidence across the property industry,
according to the latest quarterly ANZ Property Council Survey (13
January 2017).
More...
Research Reveals Foreign Domination in National
Investment
Australia's commercial property investment market continues to
power ahead with another $26.9 billion spent in the 12 months to
December with Foreign Investors again dominating national
investment with spending of more than $10 billion or 39.5 per cent
of the market, according to Savills Australia's latest research
(12 January 2017).
More...
In the media – Victoria
EPA issues fine in relation to Corkman pub
demolition
Environment Protection Authority Victoria (EPA) has issued a $7,773
fine to the operators responsible for the demolition of the Corkman
pub after they failed to meet a reporting deadline requirement
outlined in a statutory notice (13 January 2017).
More...
Stand-off over fees for Stawell's nine-million-tyre
pile
Victoria's Environment Minister is dismissing calls to waive
regulatory fees for operators of the southern hemisphere's
biggest used tyre yard in Stawell (12 January 2017).
More...
Two More Agencies Pay the Price for
Underquoting
Two more Melbourne real estate agents have been caught
underquoting, as Consumer Affairs Victoria's crackdown on the
practice continues (12 January 2017).
More...
Statement on Desalinated Water Order
Work is underway to fix a piece of equipment that was damaged
during the re-start process at the Victorian Desalination Plant,
but it will not stop the delivery of the Government's
desalinated water order (30 December 2016).
More...
In the media – New South Wales
Planning reforms to boost housing supply
Making it simpler to build a home and enhancing community
participation in key decisions will be now easier through a package
of red tape-busting reforms released for consultation by the NSW
Government (09 January 2017).
More...
Forty-two year high for homes built
New data reveals that we're building most new Sydney homes east
of Parramatta as completions across Sydney reach their highest
figures in more than four decades (22 December 2016).
More...
In the media – Queensland
Infrastructure and affordability to drive Queensland
real estate in 2017
Significant infrastructure investments and greater affordability
means Queensland's real estate market will see strong activity
in 2017, according to one of Australia's leading real estate
groups (12 January 2017).
More...
New smoke alarm legislation to commence 1 January
2017
New laws regarding the installation of photoelectric smoke alarms
in all Queensland homes will come into effect from 1 January 2017
(29 December 2016).
More...
Plan released for $3bn resort development on Gold
Coast's Spit
Details are released for a $3 billion resort development at The
Spit on Queensland's Gold Coast — but any development
would still be years away, as it needs approval from the State
Government (18 December 2016).
More...
Published – articles, papers, reports
REIA News – 19 December 2016
Included in this issue: Course for agents providing financial
advice. Government decision to change FIRB rules for new
apartments. National market and affordability snapshot. Anti-money
laundering consultations. More...
Planning legislation updates: summary of proposals
January 2017
Department of Planning and Environment (NSW): 10 January
2017
This guide sets out the NSW Government's proposals to update
the Environmental Planning and Assessment Act 1979
(EP&A Act) through a series of targeted amendments.
More...
In practice and courts
Announcements, Draft Policies and Plans released 2015
NSW OSR: Revenue Ruling No. G 009 - Definition of Foreign
Person
Commencing from the 2017 land tax year, surcharge land tax applies
to foreign persons who are owners within the meaning of section 3
of the Land Tax Management Act 1956 (the LTM Act), and
subject to section 5A(4) of the Land Tax Act 1956.
Cases – Victoria
Demediuk v Melbourne CC [2017] VCAT 46
Application under section 82 of the Planning and Environment
Act 1987 – to review the decision to grant a
permit.
Partial demolition and construction of alterations and two storey
addition to the rear of the exiting dwelling.
Victorian Farmers Federation v Commissioner of State Revenue
(Review and Regulation) [2017] VCAT 19
Taxation – Payroll Tax – Charitable exemption –
Whether applicant's main purpose was promotion of agriculture
generally or purpose of benefiting those engaged in the business of
agriculture – Characterisation of applicant –
Non-charitable characterisation – Considerations in relation
to characterisation of charitable institution – s.48
Payroll Tax Act 2007.
Lower Our Tracks Inc v Minister for Planning [2016] VSC
803
JUDICIAL REVIEW – Planning – Amendment to planning
scheme – Incorporated document – Removal of level
crossings – Elevated rail design – Minister's
decision to exempt himself from statutory exhibition and notice
requirements – Whether decision unreasonable or irrational
– Whether decision made for an improper purpose –
Whether Minister's discretion fettered – Planning and
Environment Act 1987 ss 17, 18, 19, 20(4).
Kamasaee v Commonwealth of Australia & Ors (No 7) (Stage 3
foreign relations documents ruling) [2016] VSC
770
EVIDENCE – Discovery – Public interest immunity
claimed over production of documents characterised as foreign
relations documents – Evidence Act 2008 (Vic)
s.130.
Couttie v Bayside Council & Ors [2016] VSC
772
PLANNING & ENVIRONMENT – Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under s.148 of the Victorian Civil and Administrative Tribunal
Act 1998 – Application for planning permit to develop
land in Neighbourhood Residential Zone for three dwellings –
Bayside Planning Scheme – Whether development exempt from
permit requirement under Design and Development Overlay cl.43.02
– Purpose of Neighbourhood Residential Zone cl.32.09 –
Application of transitional provision cl.32.09-3 – Whether
the Tribunal failed to take relevant considerations into account
– Statutory construction principles – Leave to appeal
granted – Appeal allowed – Proceeding remitted to the
Tribunal for determination according to law.
Commissioner of State Revenue v Antonino Arrigo [2016]
VSCA 339
TAXATION – Duty – Group investors purchased property
for redevelopment and subdivision – Property held on unit
trust – Plan of subdivision registered, each subdivided lot
subject of new certificate of title – Trustee transferred
interest in one lot to unitholder – Exemption for duty in
respect of transfer of property subject to 'fixed trust'
– Whether duty payable on transfer to unitholder –
Whether trust deed created initial unit trust existing before
registration of plan of subdivision and subsequent 'fixed
trusts' in favour of respective unitholders arising upon
registration of plan of subdivision – Duties Act
2000 s.36 – Appeal allowed. JUDICIAL REVIEW –
Appeal – Questions of law – Whether construction of
statute and trust deed are questions of law – Whether
application of Duties Act 2000 to facts is question of law –
Haritos v Federal Commissioner of Taxation [2015] FCAFC
92; (2015) 233 FCR 315; Hope v Bathurst City Council
[1980] HCA 16; (1980) 144 CLR 1, applied.
Lo v Russell [2016] VSCA 323
REAL PROPERTY – Applicants contracted to purchase land owned
by respondent – Applicants purported to exercise cooling-off
right by sending notice of termination to respondent's estate
agent – Whether notice of termination effective –
Whether 'agent' in Sale of Land Act 1962 s.31
includes estate agent.
REAL PROPERTY – Contract of sale of land substantially
conforming to standard form contract of sale of real estate
contained in Estate Agents (Contracts) Regulations 2008
sch – Cooling-off right under Sale of Land Act 1962
s.31 – Whether contract permitted service of notice of
termination on respondent's estate agent – Appeal
allowed.
CONTRACT – Interpretation of terms giving effect to statutory
requirement – Whether contract may go further than statute
requires – Digby v General Accident Fire and Life
Assurance Corporation Ltd [1943] AC 121, 141; Fawcett v
BHP By-Products Pty Ltd [1960] HCA 59; (1960) 104 CLR 80,
89–90, applied.
Bisognin v Hera Project Pty Ltd [2016] VSCA
322
CONTRACTS – Contract for sale of land – Applicants
received unsolicited approach from developer seeking to purchase a
portion of their land – Special conditions included
obligation that the purchaser at its own cost and expense prepare a
plan of subdivision and use its best endeavours and do all things
reasonably required to expedite and procure registration of plan
– Further special condition added stating that if plan of
subdivision not registered by 25 August 2015 either party may
terminate contract – Pre-requisite for approval of plan was
entry into agreements with service suppliers – Agreements
included financial obligations – Dispute as to which party
obliged to pay – Effect of special conditions to shift risk
of registration and associated financial obligations from vendor to
the purchaser – Sale of Land Act 1962 – Subdivision Act
1988 Part 2, Part 4 – Mount Bruce Mining Pty Ltd v Wright
Prospecting Pty Ltd (2015) 256 CLR 104 – Royal
Botanical Gardens and Domain Trust v South Sydney City Council
[2002] HCA 5; (2002) 240 CLR 45.
PRACTICE AND PROCEDURE – Application to set aside Judicial
Registrar's orders extending time to file application for leave
to appeal – Court will not extend time if appeal so devoid of
merit it would be futile to do so – Court will consider
length of delay, reasons for delay and extent of any prejudice
suffered by respondent if extension granted – Applicants had
adequately explained reasons for delay – Appeal had
substantive merits – Failure to extend time would lead to
unjust outcome – Application dismissed.
Cases – Queensland
Young
v Salmon [2016] QCAT 508
TREE DISPUTE – VIEW – whether trees on the
tree-keeper's property obscures a view from the neighbours'
property – whether view existed when the property was
purchased by the neighbour – whether severe obstruction of
the view – where neighbour wants trees removed – where
palm trees overhang neighbours property-where palm trees fruit and
attract flying foxes and drop fruit in the neighbours property.
Cases to 09 January 2017
JLF
Corporation Pty Ltd v Matos [2016] QCA 355
CONVEYANCING – OPTIONS – where the respondent purchased
property from the appellant – where the respondent and the
appellant entered into a Put Option Agreement whereby the appellant
agreed to purchase back the property if the respondent sent a
contract contained in a schedule prior to a certain date –
where the respondent sought to exercise the put option –
where the respondent used the tenth edition of the REIQ/Queensland
Law Society standard form contract in lieu of the eighth edition of
the contract attached to the Put Option Agreement – where the
primary judge held that the respondent validly exercised the put
option contained in a written Put Option Agreement between the
respondent and the appellant dated February 2012 – where the
appellant argued that the exercise of the put option was
invalidated by the delivery of the tenth edition of the standard
form contract rather than the edition contained within the Put
Option Agreement – where the respondent submitted that the
primary judge's conclusions were correct – whether upon
the proper construction of the Put Option Agreement, it required,
for the valid exercise of the put option, that the respondent
deliver a contract in the form of the eighth edition of the
REIQ/Queensland Law Society standard form.
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.
