Australia: Property & Real Estate News – 3 May 2017

In the media – National

Aussie clean tech on track to enter global power market
A game changing moveable and modular solar system that can be set up and packed down in days is on track to enter the multi-billion dollar global temporary power market (20 April 2017). More...

Stockland works with sustainability groups for new development
Stockland has worked closely with sustainability groups, the GBCA and Liveable Housing Australia (LHA) to design the new community to be a model development for affordability and sustainability, with homes to achieve an average 7 Star NatHERS rating (13 April 2017). More...

Living Building Challenge gets the Green Star streamline treatment
The International Living Future Institute is the latest body to partner with the Green Building Council of Australia, with the release of a guidance document to help streamline certification for projects going for both Green Star and the stringent Living Building Challenge (11 April 2017). More...

In the media – Victoria

Not as easy as ABC, as heritage grades get updated
The City of Melbourne has proposed a shift in its heritage ratings scheme away from the old A-D grades to a new system that spells out a building's significance (15 April 2017). More...

Public housing upgrades on the cards for Victoria
The Andrews Labor Government will upgrade more than 200 public housing properties, creating up to 80 construction jobs in the Latrobe Valley. In addition, the Clean Energy Sustainability Fund will look at ways of replacing inefficient electrical appliances with new, greener utilities to reduce bill stress for tenants. More...

Renewable Energy Projects To Boost Supply and Create Jobs
The Andrews Labor Government has announced $1 million to establish a series of community power hubs in regional Victoria and investigate the renewable energy potential of Bendigo's historic mineshafts (12 April 2017). More...

In the media – Queensland

Positive signs for property
The confidence levels of Queensland's property industry continue to lift, but remain behind the other major states, according to the latest quarterly ANZ/Property Council industry sentiment survey. Property industry confidence in Queensland rose four index points over the last quarter, from 123 to 127 (with 100 being neutral) (20 April 2017). More...

Chinese developer offers to buy Gold Coast farmland
Chinese developer, Songcheng, offers contracts to buy up 6,000 hectares of farmland between Brisbane and the Gold Coast (13 April 2017). More...

In Practice and Courts

Announcements, Draft Policies and Plans released 2017

Queen Victoria Markets - Call for Comments
The Australian Heritage Council is assessing the Queen Victoria Markets for potential inclusion on the National Heritage List. Comments close 14 July 2017. More...

New Apartment Standards Introduced
Amendment VC136 changes the Victoria Planning Provisions and all planning schemes by introducing new planning provisions for apartment developments in Victoria by amending Clause 55 and introducing a new Clause 58. View more information in Advisory Note 66 (13 April 2017).

Localising the Global Sustainable development goals Conference, 4-5 May in Melbourne
The Department of Environment, Land, Water and Planning is sponsoring the Implementing the New Urban Agenda Conference: making cities inclusive, safe, resilient and sustainable. Anyone working in local government, planning, infrastructure, economic development, social inclusion, health, or sustainability, or those with an interest in sustainable urban development, is encouraged to attend.


VC136 introduces state-wide planning requirements for apartment developments in Victoria.

Cases – Victoria

Abercrombie v Salter Architects [2017] VSC 180
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 – Tribunal ordered that a planning permit issue to construct a multi-level apartment building in the Mount Buller Village – Impact on views from neighbouring premises – Imposition of a condition limiting the height of the proposal in order to effect a reasonable sharing of views – Whether the condition lacked an evident and intelligible justification – Whether Design and Development Overlay imposed a mandatory height limit – Whether the Tribunal misconstrued an earlier Tribunal decision in relation to the same land – Leave to appeal granted – Appeal dismissed.

Owners Corporation RP3454 v Ainley (Owners Corporations) [2017] VCAT 470
Owners corporation seeking restraining order preventing construction of second storey extension; new rules passed prohibiting second storey extensions without consent from owners corporation; whether new rules valid.

Cases – Queensland

De Whalley Farrall v Money [2017] QDC 084
EQUITY – TRUSTS AND TRUSTEES – EXPRESS TRUSTS CONSTITUTED INTER VIVOS – DECLARATION OF TRUST – GENERALLY – where the subject matter of the alleged trust was a residential property, acquired by the defendant during her de facto relationship with the plaintiff – where the trust is alleged to be created by a deed signed by the parties – where the deed stated the defendant held the property on trust for the plaintiff – where it was alleged the plaintiff failed to perform certain obligations required by the deed – whether the agreement was repudiated – whether a repudiation was accepted – whether the deed is enforceable – whether the property is held on trust by the defendant for the parties – whether the defendant holds the property on trust for the parties as tenants in common in equal shares – whether an account should be taken of the contributions made by the plaintiff.
EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS – UNCONSCIONABLE CONDUCT – where the defendant acquired a residential property during her de facto relationship with the plaintiff – where it was alleged the plaintiff contributed to the acquisition, conservation and improvement of the property – where the defendant denied the plaintiff an interest in the property – whether the plaintiff contributed to the property – whether it would be unconscionable to deny the plaintiff a beneficial interest in the property – whether a constructive trust should be imposed over the property, reflecting the respective contributions by the parties to that property.

Tyrrell v Jesbro Enterprise Pty Ltd [2017] QSC 055
APPLICATION – TERMINATION OF LEASE – BREACH OF LEASE AGREEMENT – FAILURE TO REMEDY BREACH – NOTICE TO REMEDY BREACH – where the Notice served on the respondent failed to contain the "Note" which appears in the approved form – whether despite the non-compliance with the approved form, the Notice remains valid.

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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Katie Miller
Gerard Timbs
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