In the media – National
Commercial Building Disclosure Program
Extension
From 1 July all commercial building spaces of 1,000m² or more
must have their energy efficiency rating disclosed when selling,
leasing or subleasing. The extension to the Commercial Building
Disclosure (CBD) Program from 2,000m² to
1,000m² means that another 1,000 commercial office buildings
are affected by the CBD requirements. More information is
here (30 June 2017). More...
Census reveals the consequences of a growing housing
affordability crisis
The 2016 Census has revealed more people are renting, mortgage debt
is growing and the number of large households is increasing, as
housing affordability crises grip multiple cities across the
country. Housing owned outright fell from 41.4 per cent in 1991 to
31 per cent in 2016. Homes with mortgages, meanwhile, rose to 34.5
per cent in 2016 from 27.5 per cent in 1991, and renting went from
26.9 per cent in 1991 to 30.9 per cent in 2016 (27 June 2017).
More...
What the 2016 census reveals about
property
The latest snapshot from the 2016 census has been unveiled,
revealing details of Australia's overall property market, and
how much we're paying in rent and mortgages (28 June 2017).
More...
Melbourne drives increases in national median house
price: REIA
The median house price across Australian capital cities has
continued to increase with the weighted average median prices
rising by 2.9 per cent for houses and 2.5 per cent for other
dwellings, according to the latest research from the Real Estate
Institute of Australia (19 June 2017).
More...
In the media – Victoria
Ararat Commission of Inquiry commences
The Commission of Inquiry into the Rural City of Ararat has begun
with the appointment of three Commissioners. The Commissioners will
report on the consultative process carried out in the development
of the budget and rating strategy, and on the administrative
capacity of the City, by 1 August (29 June 2017).
More...
Planning for success at Flemington Estate
The Andrews Labor Government's renewal of the Flemington public
housing estate reached an important milestone today with the
release of the proposed Planning Scheme Amendment
(PSA) after seven months of planning and community
engagement (26 June 2017).
More...
Landmark legislation to protect the Yarra
River
To underline the importance of the public parklands and open spaces
along the Yarra River within metropolitan Melbourne, they will be
known collectively as the Greater Yarra Urban Parklands. It is also
the first Bill in Victoria to use the language of Traditional
Owners in its title, and one of the first in Australia to include
Traditional Owner language in the Bill's body (26 June 2017).
More...
Committee for Melbourne calls for review of local
government system in Victoria in order to keep pace with rest of
world
Ratepayers have shown strong support for the idea of a single
metropolitan council to ensure Melbourne's future prosperity
and liveability. It comes after influential lobby group, the
Committee for Melbourne, proposed a review of local government
system in Victoria (20 June 2017).
More...
In the media – New South Wales
Revitalisation for Sydenham to Bankstown
corridor
A plan by the NSW Government to renew and reinvigorate the Sydenham
to Bankstown corridor has the potential to deliver more than 35,000
new homes and 8,500 jobs along the new Sydney Metro train line (25
June 2017).
More...
Parramatta Road begins urban
transformation
Neighbourhoods around the Parramatta Road corridor will start to
see urban amenity improvements in the next 12 months (19 June
2017).
More...
In the media – Queensland
Queensland's worst and best performing resale suburbs About 9.2 per cent of Brisbane homes were sold by their owners at a loss in the first three months of the year, the worst result in almost two years, a new report reveals (24 June 2017). More...
Construction begins on Australia's tallest timber
tower
Construction has begun on Impact Investment Group's 25 King
development, set to become Australia's tallest cross-laminated
timber building and one of the tallest in the world. The 10-storey,
45-metre building at Brisbane's Showgrounds, designed by Bates
Smart, will provide 15,000 square metres of net lettable area,
including three ground level retail tenancies (22 June 2017).
More...
Land clearing rates in Queensland on par with Brazil:
study
Land clearing in Queensland is the highest it has been in the last
10 years, researchers say, with the issue set to be a major
battleground in the state election (19 June 2017).
Land clearing rates in Queensland on par with Brazil: study
Published – articles, papers, reports
Foreign investor tax changes — get ready for 1
July 2017
Conveyancers and practitioners need to be ready for the newly
introduced Federal and NSW State changes to foreign investor taxes
which simultaneously commence on 1 July 2017. The table here
presents the key changes to the relevant rates for the purposes of
preparing and finalising contract documents and settlement
statements for property acquisitions that occur on or after 1 July
2017.
More...
Announcements, draft policies and plans released 2017
Updated REIQ contracts now available
Queensland Law Society and the Real Estate Institute of Queensland
have updated the standard joint contracts following amendments to
the Federal Government's foreign resident CGT withholding
framework which will take effect on 1 July 2017 (26 June 2017).
More...
Changes to recovery of land tax by
lessors
Amendments have been made to the Land Tax Act 2010 in the
Government's
Budget bills in response to the Vikpro Pty Ltd v Wyuna
Court Pty Ltd decision. The changes will have the effect of
restoring the prohibition on landlords directly passing on the cost
of land tax to tenants under commercial leases entered into after 1
January 1992 and before 30 June 2009. The Government has made this
change
in response to the Court of Appeal decision which had the
effect of repealing the previous prohibition.
The Vikpro decision does not affect residential leases under the
Residential Tenancies and Rooming Accommodation Act 2008
or any retail leases under the Retail Shop Leases Act 1994
(23 June 2017). On 16 June, the Queensland Parliament passed the
Revenue Legislation Amendment Bill 2017 as part of the
Budget. Practitioners should be aware that the legislation
introduces a range of changes.
More...
Titles Registry Alert: Revised Titles Registry Fees -
commencing 1 July 2017
The revised Queensland Titles Registry fees will take effect from 1
July 2017. The new fees for the 2017-2018 financial year are
prescribed in the Natural Resources and Mines Legislation(Fees)
Amendment Regulation 2017 which is available on the Office of
the Queensland Parliamentary Counsel
website. Attached for your information is a summary listing the
revised Titles Registry fees (
click here) that will apply during the 2017-2018 financial
year.
The New Planning Act 2016: A Four Part Session Series
SPA to Planning Act 2016 - An Overview
From 3 July 2017, Queensland will operate under new planning
legislation, with the new Planning Act 2016
(Planning Act) replacing the current
Sustainable Planning Act 2009 (SPA). To
assist navigate the new Planning Act, QELA is hosting a series of
sessions that address key changes in legislation and some of the
implications for practice.
More...
Queensland Fair Trading: Buying property at
auction
There is no cooling-off period for buying at auction. If you are
the successful bidder at the auction, you will have to settle the
contract even if: the house doesn't pass inspections, you
change your mind and you can't afford it. The cooling-off
period also does not apply to a private treaty contract (June
2017).
More...
Value of Fee and Penalty Units for
2017-18
For the financial year 2017-18, the value of a fee unit is $14.22
and the value of a penalty unit is $158.57. The
planning and
subdivision fees at planning.vic.gov.au
will be updated to reflect the change. Other fees and penalties,
including building and heritage, can be viewed on the
Fees and charges page at www.delwp.vic.gov.au.
Changes to state taxes June 2017
The State Taxation Acts Amendment Act 2017 received Royal
Assent on 27 June 2017 and introduces changes to various Acts. It
includes revenue initiatives announced as part of the Homes for
Victorians housing package and in the 2017-18 Victorian Budget. The
Duties Act 2000, First Home Owner Grant Act 2000, Land Tax Act
2005, Payroll Tax Act 2007, Planning and Environment Act 1987,
Taxation Administration Act 1997, and Unclaimed Money Act 2008
have all been amended (27 June 2017). More...
In practice and courts
Foreign investor tax changes — get ready for 1
July 2017
Conveyancers and practitioners need to be ready for the newly
introduced Federal and NSW State changes to foreign investor taxes
which simultaneously commence on 1 July 2017. The table here
presents the key changes to the relevant rates for the purposes of
preparing and finalising contract documents and settlement
statements for property acquisitions that occur on or after 1 July
2017.
More...
Have your say on the West Gate Tunnel
An Environment Effects Statement, works approval application, and
draft planning scheme amendment for the West Gate Tunnel Project
are on public exhibition. Submissions are open until 10 July 2017.
More...
Have your say on retirement village reforms NSW Fair Trading is inviting public comment on draft reforms affecting the state's retirement villages. Among the proposed changes to the regulation is a requirement for greater transparency in contracts. The reforms follow consultation with residents and industry stakeholders, and are available for feedback at www.fairtrading.nsw.gov.au. Submissions close 20 July 2017 (23 June 2017). More...
Cases – Victoria
Riverman Orchards Pty Ltd v Hayden [2017] VSC
379
TORTS — Nuisance – Private – Spray drift damage
to neighbouring vineyard because of herbicide spraying –
Unreasonable and substantial interference with use and enjoyment of
land.
TORTS — Negligence – Pure economic loss arising from
herbicide spray drift – Reasonable foreseeability –
Scope of duty of care – Risk of harm significant –
Causation – Breach established.
DAMAGES — Quantum – Whether cost of total replacement
of vineyard and consequential losses necessary and reasonable
– No claim for diminution in value of plaintiff's
interest in land – Costs of remediation – Costs of
rehabilitation and mitigation – Need for replacement of
trellis and irrigation infrastructure – Proper replanting
timeline – Hypothetical yields and prices in counterfactual
scenario – Past and future income losses – Discount
rate.
Court v Greater Shepparton CC [2017] VCAT 884 Section 82 of the Planning and Environment Act 1987; Greater Shepparton Planning Scheme; Industrial 1 Zone; Depot and Garden Supplies; Relationship with Land in a General Residential Zone; Relationship with Land in a Public Park and Recreation Zone; Cussen Park; Existing Dwelling; Future Dwelling.
Director of Consumer Affairs Victoria v Bill Kaye & Co Pty
Ltd (Review and Regulation) [2017] VCAT 942
Review and Regulation – conduct of corporate estate agent and
officer in effective control – 21 properties leased over a
period of 14 months to one tenant –tenant later convicted of
cultivating and trafficking a commercial quantity of cannabis from
the 21 properties – five properties found to be damaged in
police raid – whether due skill care and diligence in the
performance of the functions of an estate agent – whether
conduct unprofessional or detrimental to the interests of the
estate agency business – Estate Agents Act 1980
(Vic) ss25, 29B(2)(d), Estate Agents (Professional Conduct)
Regulations 2008 (Vic) rr 11, 13(2).
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.