Australia: Property & Real Estate News - 26 February 2018

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.

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Authors
Chris Brodrick
Katie Miller
Gerard Timbs
 
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