Australia: Property & real estate news - 20 September 2017

In the media – National

Home loan approvals jump 2.9% in July
Home loan approvals have shown a surprise lift in July, but the continuing decline in investor loans has underlined the effectiveness of recently introduced lending controls (08 September 2017). More...

Flow's corporate PPA could unleash a tide of renewable investment
Flow Power's recently inked renewable corporate power purchase agreement with Ararat Wind Farm will give its large customers access to energy for around half the price of grid drawn power, in a move that could unleash a tide of similar agreements across the country (07 September 2017). More...

Build to rent can be a viable asset class: let's get it right
Governments should not be hoodwinked by lobbying from individual developer interests or their associations who have for a long-time harboured a distaste for the rental class. Establishing a viable BtR asset class needs an industry strategy that should be directed to commitment to commencing upwards of 50,000 dwellings within five years and a resolve to grow this to 200,000 dwellings within 15 years (07 September 2017). More...

Macquarie leasing drives electric vehicle and energy efficiency push with $100M in CEFC finance
Macquarie Leasing and the CEFC are behind a push to accelerate the use of electric vehicles in Australia through a new $100 million asset finance program (06 September 2017). More...

Coal a major risk to our power supply: Energy Market Operator
Australia's ageing coal fleet has been named one of the nation's biggest risks to the electricity grid, according to the Australian Energy Market Operator (AEMO). The latest AEMO report shows Australia's reliance on ageing coal and gas generators, along with any delay in rolling out renewables, poses a significant risk to electricity supply during extended heatwaves (05 September 2017). More...

PCA: Property industry support for Housing Affordability Package
The housing affordability measures before the Parliament are sensible and prudent measures that will help ease Australians entering the housing market. "The First Home Saver Super Scheme is a non-inflationary measure that helps people bridge the deposit gap. Importantly, it does not touch the baseline superannuation contributed by members (07 September 2017). More...

In the media – Victoria

The next wave: August's planning approval bonanza
Continuing from yesterday's piece covering the boom in recent approvals across greater Melbourne during July, August's approvals and NOD's (04 September 2017). More...

Sky's the limit for Queen Victoria Market greenhouse
The City of Melbourne is inviting the best and brightest in sustainability, technology, education and hospitality to submit ideas for a greenhouse which will sit atop the new market pavilion at Queen Victoria Market (04 September 2017). More...

Real estate services supplied by Craig Alan McIntosh - Public warning
The Director of Consumer Affairs Victoria has issued a public warning under section 223 of the Australian Consumer Law (Victoria) (ACL(Vic)) and section 228 of the Australian Consumer Law and Fair Trading Act 2012, regarding the conduct of Craig Alan McIntosh in the supply of real estate services. While Mr McIntosh is eligible to be employed an agent's representative, Business Licencing Authority (BLA) records currently show he is not employed by any real estate agency (31 August 2017). More...

Published – articles, papers, reports

Apartment design guidelines for Victoria
Department of Environment, Land, Water and Planning (Vic): 30 August 2017
This guide has been released to assist applicants, architects, building designers and planners when designing and assessing apartment developments in Victoria. More...

In practice and courts

Announcements, Draft Policies and Plans released 2017

Public Consultation on the Draft Master Plan for the Priority Port of Gladstone
The draft master plan for the priority Port of Gladstone has been prepared [gazette notice 28/08/2017]. The draft master plan for the priority Port of Gladstone and further information about the draft master plan for the priority Port of Gladstone can be obtained via can be viewed here. Submissions are open from 28 August 2017 to 9 October 2017.

SRO: New webinars on the vacant residential land tax
Could the introduction of the vacant residential land tax impact you or your clients? From 1 January 2018, homes in inner and middle Melbourne left unoccupied for more than six months of the calendar year may be subject to a tax of 1 per cent of their capital improved value. Book a place in one of our interactive webinars and use the online tool to determine your liability (01 September 2017).


Amendment VC139:
Introduces new planning requirements for racing dog keeping and training facilities;
Introduces new guidelines for apartment developments;
Removes redundant references to the Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2005), Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004), Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of Sustainability and Environment, 2005) and Activity Centre Design Guidelines (Department of Sustainability and Environment, 2005) in the State Planning Policy Framework (SPPF) and zones and inserts references to the Urban Design Guidelines for Victoria (Department of Environment, Land, Water and Planning, 2017) in the SPPF; and
Introduces a new State planning policy for healthy neighbourhoods.

Associated new Planning Practice Note 83: Assessing external noise impacts for apartment This practice note gives guidance about the operation of Clause 55.07-6 (Noise impacts) and Clause 58.04-3 (Noise impacts) for apartment developments.

Cases - Victoria

Anderson v City of Stonnington [2017] VSCA 229
ROADS – Principles for determining whether land dedicated as a public highway through long and continuous use by public – Laneway adjacent to applicants' land – Presumption of dedication arose – Presumption not rebutted by granting of easement over laneway to applicants and owners of land on other side of laneway. ROADS – Dedication of land as a public highway – Statutory body – Principles for determining whether statutory body has power to dedicate land as a public highway – Whether dedication incompatible with statutory objects of body or purposes for which land vested in it – Whether dedication interfered with performance of body's statutory responsibilities – E A Clark and Son Pty Ltd v The Melbourne Harbor Trust Commissioners [1904] VicLawRp 68; (1903) 29 VLR 467 considered.
ROADS – Para (ca) of definition of 'road' in Local Government Act 1989 s 3(1) – Definition of 'public road' in Road Management Act 2004 s 17 – Whether registration of laneway on local council's register of public roads sufficient to satisfy s 17(1)(e) of 2004 Act.
ROADS – Definition of 'road' in Local Government Act 1989 s 3(1) – Inclusive definition – Whether status of laneway as a public highway sufficient – Whether laneway 'a right of way' under para (b) of definition. PRACTICE AND PROCEDURE – Whether applicants should be permitted to rely on a point not argued at trial.

The Secretary to the Department of Economic Development, Jobs, Transport and Resources v Kin Lee [2017] VSC 504
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 (Vic) — Acquisition of residential units — Land Acquisition and Compensation Act 1986 (Vic) s 36 — Two notices of acquisition gazetted – Whether the notices require the units and the common property to be valued separately — Construction of notices of acquisition — Applying the 'technical meaning' of words — Whether the Tribunal erroneously construed the notices — Owners Corporation Act (Vic) ss 11, 14 — Subdivision Act 1988 (Vic) ss 27A, 31, 31A, 32 — Transfer of Land Act 1958 (Vic) s 27 — Application for leave to appeal granted and appeal allowed.

Cases - Queensland

Landorf v Wyndham [2017] QSC 198
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING – ENCROACHMENT OF BUILDINGS AND PARTY WALLS – POWER TO GRANT RELIEF – application for relief in respect of encroachment under s 184 Property Law Act 1974 (Qld) – where applicant seeks orders for the removal of the encroachment – where the encroachment is a block retaining wall and subterranean drainage system on a residential block – whether the encroachment is significant – where encroachment not intentional and does not arise from negligence – what terms of just order would require – whether relief should be granted under s 185 Property Law Act 1974 (Qld) – consideration of compensation under s 186 Law Act 1974 (Qld).

White v Moreton Bay Regional Council [2017] QLC 51 (LGR167-17)
REAL PROPERTY – RATES AND CHARGES – rating of land – categories of land – where no appropriate category exists – where the subject property contains a main house and a granny flat – whether the appropriate category is for two flats on the land parcel – where it was decided that the appropriate category is O1.

Harms v Ludwigs [2017] QCAT 300
LANDLORD AND TENANT – RIGHTS AND LIABILITIES APART FROM COVENANT – OTHER MATTERS – where parties entered into lease for two year period – where lease contained provision for only one pet, a spoodle dog, to reside at the premises – where agent became aware of birds at the property – where respondents did not comply with requests to remove the birds and sought approval for birds to remain – where approval was not given for birds to remain at the property and the respondents subsequently terminated the lease – where applicant claimed for rent owed, re-letting fees and cleaning costs – where respondents counter-claimed for internet connection fees – whether the parties proved the factual matters alleged in their claims – whether the parties are entitled to recover the monies claimed.

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.

Chris Brodrick
Katie Miller
Gerard Timbs
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 Topics
Related Articles
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
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions