Australia: Property & Real Estate News - 10 April 2018

In the media – National

PCA: Infrastructure Australia Priority List shows more planning and investment needed to support growing cities
The Infrastructure Australia Priority List published today provides the investment roadmap to support a growing nation, but also evidence all levels of government need to do more to drive the momentum to deliver these important projects (27 March 2018). More...

GBCA: A future focus for Green Star
The last revision to Green Star presented four easy-to-use rating tools that address the majority of Australia's built environment. At the start of 2014, we had 646 Green Star certified projects. Today, we've just cracked 1,750. That's more than 1,000 buildings, fitouts and communities. Thirty-seven per cent of Australia's office space is Green Star-rated and more than 725,000 Australians work in Green Star offices (28 March 2018). More...

Marketing a property's sustainability boosts value, study finds
Houses marketed with sustainability features such as solar panels and water tanks sell for at least 10 per cent more than properties that do not market sustainability, and sell on average 13 days more quickly. These are the findings from a three-year study led by PRD Nationwide's national research manager Dr Asti Mardiasmo, which has culminated in a 37-question online scorecard (27 March 2018). More...

55 sustainable investment options for a brave new world
Produced by the UN Global Compact, a new report is based on a survey and consultation with more than 17,000 business leaders across five continents. This addresses four of the 17 Sustainable Development Goals most likely to be missed – Goal 10: Reduced Inequalities, Goal 12: Responsible Consumption and Production, Goal 13: Climate Action and Goal 14: Life below Water (22 March 2018). More... More...

In the media – Victoria

Desalinated Water To Boost Supply And Protect Victorians
The Andrews Labor Government will order 15GL of water for the 2018/19 financial year from the Desalination Plant to boost storages and protect against drought. This is the second year that the Labor Government has ordered water as part of a three-year trial of 15 GL minimum orders to deliver water security (29 March 2018). More...

More Public Housing, Better Local Communities
The Andrews Labor Government's plan to deliver more housing and revitalise inner-city communities by redeveloping rundown public housing estates has reached a new milestone. The Government has guaranteed all residents can return to their estates after construction is complete. This will be enshrined in updated tenancy agreements with the Director of Housing (29 March 2018). More...

Queen Victoria Market revamp jeopardised by heritage rejection
The City of Melbourne says it has been blindsided by Heritage Victoria's decision to reject a key part of the proposed $250 million redevelopment of Queen Victoria Market (28 March 2018). More...

Statement on Queen Victoria Market Precinct Renewal Program - Statement from Acting Lord Mayor Arron Wood (27 March 2018).

Working with local government to plan for record rates of growth
The Property Council has offered support for boosting the resources available to local councils, as industry and all levels of government plan and adapt to Melbourne's unprecedented population growth (23 March 2018). More...

In the media – New South Wales

Planning changes to provide more parking spaces for boarding houses
The NSW Government will mandate the provision of more parking spaces for people living in boarding houses, with proposed changes to planning rules to reduce the demand and impact on street parking (29 March 2018). More...

Northern Beaches real estate agents fined after Fair Trading inspections
Real estate agents on Sydney's Northern Beaches have been fined more than $25,000 after a Fair Trading compliance blitz, Minister for Better Regulation Matt Kean said. Mr Kean said Fair Trading officers had inspected 17 real estate agents, of which 12 were issued fines for non-compliance with real estate laws, including seven notices for breaching underquoting provisions (26 March 2018). More...

In the media – Queensland

New Farm real estate agent fined for misleading behaviour
A New Farm real estate agent and agency have been fined a total of $12,960 by the Office of Fair Trading (OFT) for making false and misleading representations (29 March 2018). More...

Next stage of Bundaberg 10-year Action Plan to get underway
Community information sessions begin today to update the Bundaberg region on concept designs and preliminary technical investigations for the four projects in the Bundaberg 10-year Action Plan. The Bundaberg 10-year Action Plan is a roadmap to reducing the flood risk to the people of Bundaberg (27 March 2018). More...

Queenslanders to be fined for not bringing in wheelie bins
Queenslanders who don't bring their kerbside rubbish bins in after a day could soon be fined. The fine, up to $2,500, has always been in the state legislation, but not widely enforced. Now, the government will allow councils to enforce the laws and while some have ignored it, at least 20 councils have indicated they plan to implement it (26 March 2018). More...

Brisbane's Eagle Street to be transformed under 'city-shaping' proposal
Development company Dexus proposes to resume parts of Eagle Street in order to build a new waterfront hub, with two new towers and about 1.5 hectares of public space (23 March 2018). More...

Published – articles, papers, reports

Infrastructure priority list: Project and initiative summaries
The Infrastructure Priority List is updated regularly to reflect emerging infrastructure priorities across Australia. It provides independent, evidence-based advice to governments and industry on the projects that will most benefit our growing communities. More...

In Practice and Courts


Land valuations online
The new land valuation data for 2018 can be accessed online here. Queensland Globe also gives landowners access to detailed valuation information allowing users to search for a property or pan the map to areas of interest and zoom down to individual property level. Landowners can access the Queensland Globe year round via the Land Valuations website.
Hard copies of the valuation list can be viewed at Department of Natural Resources, Mines and Energy business centres and local government offices during normal business hours until close of business on 5 June 2018.



Shadda Abercrombie v Salter Architects & Anor [2018] VSCA 74
PLANNING AND ENVIRONMENT – Application for leave to appeal on questions of law from a decision of the Trial Division upon an appeal from the Victorian Civil and Administrative Tribunal – Whether Design and Development Overlay imposes a mandatory height limit – Schedule imposes discretionary height requirement – Power to vary height of roof structure or chimney does not 'specify otherwise' – Whether imposition of a condition directed to height of building by Tribunal was unreasonable – Leave granted in part – Appeal dismissed. WORDS AND PHRASES – 'should', 'specify otherwise'.

In Re F Vitale & Sons Pty Ltd & Ors [2018] VSC 111
CORPORATIONS – Dispute between brothers in relation to numerous companies and trusts – Claims and cross-claims alleging oppression – Remedies sought under s 233 of Corporations Act 2001 (Cth) – Directions and orders including valuations made.

PRACTICE AND PROCEDURE – Four properties co-owned by brothers (directly and indirectly) – Whether four proceedings commenced by one brother in VCAT under Part IV of Property Law Act 1958 (Vic) are complex and should be heard by the Supreme Court which has jurisdiction in cases of complexity.

Shout Rocks Cafes Pty Ltd & Anor v City of Port Philip & Ors [2018] VSC 120
CIVIL PROCEDURE – Application for reinstatement of proceedings – Consent orders – Interpretation of consent orders – Whether regard can be had to surrounding circumstances – Whether consent orders provided for reinstatement was unlimited in effect - Application dismissed.



Statutory Rules made – 27 March 2018
No 35 Domestic Animals Amendment (Puppy Farms and Pet Shops) Regulations 2018
No 38 Building Regulations 2018
No 41 Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018

The Victorian Commencement Book is available on the Office of the Chief Parliamentary Counsel website.

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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Chris Brodrick
Katie Miller
Gerard Timbs
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