Australia: Property & Real Estate News - 21 May 2018

In the media – National

PCA: Infrastructure boost needs to lead to plans for great cities
The Property Council has heralded the big infrastructure boost confirmed in today's Federal Budget but called for this to be leveraged into a stronger plan to create great cities and support a growing Australia (08 May 2018). More...

Australia's green building floor space has boomed
In 2006 less than one per cent of Sydney and Melbourne's CBD commercial floorspace was certified green. Twelve years later we're sitting at 46 per cent for Sydney and 28.8 per cent for Melbourne (03 May 2018). More...

In the media – Victoria

Cultural River Precinct Structure Plan
Community input is being sought to help shape future land use, open space and development of the Cultural River Precinct – a corridor of the Yarra River between Bulleen Park and Banyule (10 May 2018). More...

Developer pleads guilty to illegal demolition of historic Melbourne pub
A Melbourne developer admits his company demolished a 160-year-old pub without a permit, while the co-director of the company prepares to fight the charges (10 May 2018). More...

Creating jobs with Social Procurement
The Victorian Social Procurement Framework was launched last month as a practical initiative to support social and sustainable outcomes through Government procurement of goods and services. Victoria has a successful track record of leveraging its spend on major projects, including Level Crossing Removals, the Metro Tunnel, and the Westgate Tunnel to deliver social and sustainable outcomes (09 May 2018). More...

Community's Plans for Jacksons Hill a step closer
Member for Sunbury Josh Bull announced today that the Andrews Labor Government will buy the former Victoria University campus, paving the way for a major redevelopment complete with open space and education opportunities. The draft Jacksons Hill Master Plan was released late last year following community consultation. The final master plan will be released in the coming months (03 May 2018). More...

Australia enters age of timber buildings as first CLT Plant fires up
Building material manufacturer XLam has set the pace for a timber revolution in Australian construction, with production officially under way at their newly opened Cross Laminated Timber plant in Wodonga. The $25 million project was originally conceived to fill a gap in the industry responding to the demand for a sustainable, easy-to-use and fast building solution (03 May 2018). More...

A better planning system and safer buildings
Reforms to planning will make it easier to build or renovate a home, prevent deadly cladding fires and ensure Victoria's apartments are built to the highest standards of quality. The Victorian Budget 2018/19 includes $14.7 million to slash red tape and get new homes and renovations finished faster by putting an end to protracted permit applications for simple projects (01 May 2018). More...

Protecting our environment for our future
The Victorian Budget 2018/19 provides $70.6 million for Parks Victoria, to improve the management of our state's extensive public parks network, and the services. 1 million will go towards our fight against climate change, ensuring critical emissions reduction targets are met across government sectors including electricity, land, industry, agriculture and transport (01 May 2018). More...

Solar farm boom leading the bust in prime agricultural land use
Farmers are concerned that upgraded agricultural land in the Murray-Darling is set to become solar farms under a Victorian planning policy vacuum (01 May 2018). More...

Safe and secure: protecting Victoria's water supply
Victorian communities will be able to rely on a safe and secure water supply, with new infrastructure and efficiency programs for farmers, households and businesses. The Victorian Budget 2018/19 includes $65 million to provide water security for communities across the state, build irrigation and water supply infrastructure (01 May 2018). More...

Water security for East Grampians farming communities
Water is set to flow to rural farms and properties in the East Grampians region, thanks to a multi-million-dollar investment in a new pipeline from the Andrews Labor Government. The $32 million to fund Victoria's share of the $85.2 million East Grampians Water Supply Project, will build 1,600 kilometres of stock and domestic pipeline for up to 530,000 hectares of land in the Grampians region (30 April 2018). More...

In the media – New South Wales

NSW successfully calls for national report on liability for rectifying unsafe aluminium cladding
The NSW Government has successfully called for a national report to examine who is liable for having unsafe cladding rectified on buildings, Minister for Better Regulation Matt Kean said. NSW is leading the nation to address the issue of who should pay for rectification work, if it's required, and what existing remedies are in place for affected building owners (27 April 2018). More...

In the media – Queensland

Resident wins appeal against Sunland's Brisbane skyscrapers
Sunland's controversial "Grace on Coronation" development in Brisbane's inner west has hit yet another roadblock, with a neighbouring resident winning an appeal against the approval of the three-tower development (10 May 2018). More...

Developer lodges plans for 'Ultra High-End' Tower in Broadbeach
Brisbane real estate director John Kubatov has lodged plans with Gold Coast City Council for what would be the tallest residential building in Broadbeach (10 May 2018). More...

In Practice and Courts

CER: April Large-scale Renewable Energy Target market data now available


Queensland Consultations

Developer donations bill reintroduced to parliament
The Queensland Government has re-introduced legislation to ban donations from property developers to state and local government candidates. After previous legislation lapsed with the dissolution of the last parliament, the Government has reintroduced its Bill as the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018. Reforms contained within the Bill are expected to be applied retrospectively from 12 October 2017, when the first Bill was introduced.

Cases

Victoria

Sivano v Yarra Ranges SC [2018] VCAT 691
Existing use rights; application for review of refusal to grant certificate of compliance; 97P of the Planning and Environment Act 1987; Use of land for two dwellings; Clause 63.11 and clear and unambiguous written direction; calculation of 15 year period; determination of relevant application or proceeding.

Houri v Moreland CC [2018] VCAT 712
Application under section 120 Victorian Civil and Administrative Tribunal Act 1998 to reopen order – reason for non-attendance must be reasonable.

Aboriginal Evangelical Fellowship Australia Inc v Aboriginal Evangelical Church Inc & Ors [2018] VSC 208
INJUNCTION – Interlocutory – Application to restrain registered proprietor of land held on trust for the plaintiff from selling or dealing with the land – Prima facie case that land held on express trust, alternatively a resulting or constructive trust – Balance of convenience in favour of restraint by injunction – Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57; Bradto Pty Ltd v State of Victoria; Tymbook Pty Ltd v State of Victoria [2006] VSCA 89; (2006) 15 VR 65.
TRUST AND TRUSTEES – Express trust – Creation – Intention to create trust – Transfer of real property to first defendant to be held on trust for plaintiff – Requirements of writing – Fraud exception – Schweitzer v Schweitzer [2012] VSCA 260 referred to.
RESULTING TRUST – Transfer of real property to first defendant – Absence of valuable consideration – No presumption of advancement – House v Caffyn [1921] ArgusLawRp 131; [1922] VLR 67; Wirth v Wirth [1956] HCA 71; (1956) 98 CLR 228; Re Association for Visual Impairment The Homeless and The Destitute Inc. (in liquidation) (No 2) [2014] VSC 183, referred to.

Queensland

Sunland Group Limited & Sunland Developments No 22 Pty Ltd v Gold Coast City Council [2018] QPEC 022
PLANNING AND ENVIRONMENT – APPLICATION – DETERMINATION OF AN ISSUE AT A PRELIMINARY STAGE OF PROCEEDING – where council gave a document that purported to be an infrastructure charges notice – where the document included a section entitled information notice – where the text in the information notice contained no findings of fact and did not refer to material on which the findings were based – whether the information notice contained reasons for the purpose of s.37 of the Sustainable Planning Act 2009 – whether the failure to give reasons resulted in invalidity of the infrastructure charges notice – whether the court has power to make a declaration about the validity of an infrastructure charges notice – whether discretionary considerations warrant refusal of the application for declarations.

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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