In the media – National
Vacant land driving high prices more than stamp duty
costs, new report finds
Rather than pinning it all on exorbitant stamp duty fees, a new
collaborative report by the Housing Industry Association and
CoreLogic has pointed to the lack of land supply as a catalyst for
rising property markets, saying that it could be the driver behind
the so-called housing affordability crisis (16 February 2018).
More...
China still a major player in Australia's property
market
Despite Beijing's restrictions on offshore company investment,
China still has a healthy presence in Australia's property
market, taking a one-third helping of national development sites,
according to a recent report by Knight Frank (13 February 2018).
More...
Housing finance declining across the
board
The December 2017 housing finance figures released today by the
Australian Bureau of Statistics show that lending for housing is
declining across the board, according to the Real Estate Institute
(09 February 2018).
More...
Basin Authority powerless to act against farmers
harvesting floodwaters
The head of the Murray Darling Basin Authority admits the authority
is powerless to prevent upstream farmers harvesting rainwater
desperately needed to flow through the river system for the benefit
of all users (13 February 2018).
More...
Chinese rubbish ban 'could see end of kerbside
recycling' in Australia
Australia's recycling industry feels the impact of China's
ban on some imported recyclable rubbish, with industry leaders
warning they cannot keep collecting recycling if there's
nowhere for it to go (08 February 2018).
More...
In the media – Victoria
Nightingale Model set to fly across
Victoria
The Nightingale Model has received a $100,000 boost from the
Victorian government in order to replicate and extend its
sustainability achievements across the state (15 February 2018).
More...
Energy Brix applies to build asbestos landfill site at
Morwell
As required by the Environment Protection Act 1970,
Environment Protection Authority Victoria (EPA)
will consider an application from Energy Brix Australia Corporation
Pty Ltd (EBAC) to construct an asbestos landfill
facility on the site of the old Morwell power station (15 February
2018).
More...
Bayside site with aged care permit back on the market
for $19m
A bayside Melbourne land development site in Brighton East has been
relisted with price expectations around the $19 million mark (14
February 2018).
More...
Melbourne residential tower tops out ahead of
schedule
Construction giant Probuild have cut two months from the
construction of the 54 A'Beckett Street tower, utilising a new
construction methodology, which they call the "Probuild
Construction System" (11 February 2018).
More...
VCAT upholds EPA licence amendment on Brooklyn
landfill
Environment Protection Authority Victoria (EPA)
has seen its decision to amend the licence of a Brooklyn landfill
operator upheld at VCAT. The amendments relate to landfill cover
conditions, waste recovery and stockpiling (09 February 2018).
More...
In the media – New South Wales
First home buyers turning the tide in NSW
First homebuyers are flocking back into the NSW housing market with
the number of people taking advantage of the NSW Government's
stamp duty concessions more than tripling since the Government
introduced its housing affordability package last year (11 February
2018).
More...
Be fire-safety aware: Campaign commences for residents
of apartment buildings with cladding
The Fire Safety and External Wall Cladding Taskforce will launch an
advertising campaign aimed at residents and tenants of high-rise
apartment buildings in NSW that may have cladding installed. The
new laws require dangerous building products to be located and
removed (06 February 2018).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2017
Department of the Environment: Melbourne's Domain
Parkland and Memorial Precinct earns permanent place on
Australia's National Heritage List
Our newest National Heritage Place, one of Australia's
outstanding government domains, takes in landmarks such as
Government House, Domain Parklands, Melbourne Observatory, Shrine
of Remembrance and Kings Domain resting place (12 February 2018).
More...
2018 land tax assessments landing soon – 15
February 2018
The first of the 2018 land tax assessments will soon be
distributed, with more to come over the next couple of months. If
you own property in Victoria,
paying land tax depends on the land you own, what it is used
for, and its total value. You pay land tax if the total value of
all taxable land you own is $250,000 or more. Taxable land
doesn't include exempt land, such as your principal place of
residence. If you are an absentee owner you will have to pay a
surcharge. Learn more about 2018 land tax assessments,
including:
Understanding your 2018 land tax assessment - video
Understanding your assessment - webpage
How to amend errors or omissions on your assessment
Exemptions from land tax
Joint ownership Absentee owners
Paying land tax for the first time
Calculating land tax
Cases
Victoria
Kong v Rajaratnam (Building and Property) [2018] VCAT
204
Water Act 1989 – s.16(1) – damage suffered by
unreasonable flow of water – liability of person who caused
the flow – s.19(10) – flow – evidence as the
source.
Shayher Properties Pty Ltd v Moreland CC [2018] VCAT
176
Moreland Planning Scheme; Section 77 the Planning and
Environment Act 1987; former Pentridge Prison site; Permit
already granted for a 19-storey tower in the general location in
question; Incremental redevelopment of the former prison site;
Proposal for development of a 19-storey tower containing hotel and
apartment uses, The lower level hotel use includes the adaptive
reuse of the B Division and B Division Annexe heritage buildings;
Proposal includes the display of internally illuminated business
identification signs at the top of the building; Part-oral decision
at the end of the hearing; Interim decision.
New South Wales
Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP
45
CONSTITUTIONAL LAW – judicial power – whether Civil and
Administrative Tribunal (NSW), NCAT, exercises judicial power
– whether NCAT exercises judicial power when determining
matters under the Residential Tenancies Act 2010 (NSW)
– NCAT exercises judicial power CONSTITUTIONAL LAW –
Chapter III courts – defining characteristics of Chapter III
courts – whether Civil and Administrative Tribunal (NSW),
NCAT, a "court of a State" within Chapter III –
NCAT is a court of a State for the purposes of Chapter III. COURTS
AND TRIBUNALS – Civil and Administrative Tribunal (NSW), NCAT
– jurisdiction of NCAT – whether Tribunal has authority
to adjudicate in matters under the Residential Tenancies Act
2010 (NSW) between residents of different states – NCAT
has authority to adjudicate. COURTS AND TRIBUNALS – courts of
record – Civil and Administrative Tribunal (NSW), NCAT
– whether NCAT a court of record – NCAT a court of
record.
Legislation
Victoria
Proclamations
No. 7: Electronic Conveyancing (Adoption of National
Law) Act 2013
Assent: 26/02/2013 SG (No. 60) 26/02/2013 p. 1 Commencement: ss
1-15 on 14/03/2013: SG (No. 86) 13/3/2013 p.1 ss 16-23 on
14/02/2018: SG (No. 49) 13/2/2018 p.1 Not yet in operation:
N/A.
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.
