Australia: Property & Real Estate News - 16 July 2018

In the media

Commonwealth

PCA: The road to zero carbon
Governments around the world have committed to the Paris Agreement. For Australia this effectively means transitioning to a zero carbon economy by 2050. Working out how to deliver on this commitment has big implications for every part of the economy, including property. Two new reports go to the heart of this challenge (04 July 2018). More...

PCA: Build-to-Rent Model in NSW welcome - now it's Victoria's turn
The Property Council of Australia welcomed the announcement by the NSW Government to support a 'Build-to-Rent' housing model and has urged the Victorian Government to also take up the opportunity to provide more housing choice (06 July 2018). More...

PCA: Energy standards in National Construction Code: Built to Perform
The Property Council has welcomed the release of the final report of the Building Code Energy Performance Trajectory Project. The report shows that setting stronger energy standards for new buildings in the National Construction Code could between now and 2050 reduce energy bills by up to $27 billion, cut energy network costs by up to $7 billion and deliver at least 78 million tonnes of cumulative emissions savings (03 July 2018). More...

PIA: Regional development inquiry findings - yet another reason for a national settlement strategy
The Planning Institute Australia (PIA) has welcomed a Parliamentary Select Committee's call for greater investment in Australia's rural and regional towns, citing their report, "Regions at the Ready: Investing in Australia's Future", as further clear evidence of the need for an integrated national settlement strategy (02 July 2018). More...

In the media - Victoria

Delivering a new plan for the future of recycling
Minister for Energy, Environment and Climate Change Lily D'Ambrosio today announced a $37 million package that will increase the quality of recycled materials in Victoria and develop new markets for them (03 July 2018). More...

'Deferred second mortgage' model getting people out of public housing
A Melbourne-based property developer has come up with a unique solution to the city's public housing crisis, offering subsidised apartments to public housing tenants to encourage them to buy their own home and free up stock (30 June 2018). More...

In the media - New South Wales

New planning codes to provide more housing choice and greener streets
Homeowners in new release and established areas across NSW will save up to $15,000 in building and administrative costs, under the new Greenfield Housing Code and Low Rise Medium Density Housing Code that commenced on Friday 6 July 2018 (06 July 2018). More...

In the media - Queensland

Brisbane apartment market looks up
There's been a lot of recent analysis on the state of Brisbane's apartment market, and a new report by JLL is weighing in on the positive side of things. The commercial real estate agency's Brisbane apartment market report says 2018 will remain rough for Brisbane's apartment market, but conditions should stabilise as the year progresses (29 June 2018). More...

Published

Pathways to housing tax reform
Richard Eccleston, Julia Verdouw, Kathleen Flanagan, Neil Warren, Alan Duncan, Rachel Ong, Stephen Whelan, Kadir Atalay; Australian Housing and Urban Research Institute: 05 July 2018
This research is the final report of the AHURI inquiry into 'Pathways to Housing Tax Reform in Australia.' It features real-world modelling and implementation time frames to steer tax settings that progress the efficiency, equity and sustainability of housing tax policy, and also presents meaningful, long-term political pathways to achieve these outcomes. More...

Transport Strategy Refresh: background paper - car parking
Elizabeth Taylor; City of Melbourne: 22 June 2018
This discussion paper is to inform a new City of Melbourne Transport Strategy to 2050. A draft strategy will be released for consultation in 2018. More...

In Practice and Courts

Victoria

Announcements, Draft Policies and Plans released 2018

GST at settlement
Law Institute of Victoria 03 Jul 2018 - The Law Council of Australia has referred to the LIV a summary of key guidance material prepared by the Australian Taxation Office in relation to the new GST at settlement measure, which commenced 1 July. More...

LIV wants improved security processes for PEXA electronic conveyancing system
LIV Media 28 Jun 2018 - The Law Institute of Victoria believes the security processes involved in the PEXA electronic conveyancing system must be tightened before its mandatory use comes into effect later this year. The LIV encourages members to follow the LPLC advice around the use of the PEXA system. The LIV has shared the securing warnings and the fact sheet links via Law News and on social media platforms. The LIV has published two fact sheets Cyber security for law firms and Cyber security for the individual.

Approvals

Wodonga C125 implements the Wodonga Growth Strategy 2016 and applies an Environmental Significance.
Mornington Peninsula C221 applies permanent heritage controls in the form of Heritage Overlay 399 affecting 33-33A Jacksons Road, Mount Eliza.

Exhibition

Melbourne C305 proposes to implement the recommendations of the Southbank and Fishermans Bend Heritage Review 16 June 2017.

Queensland

Announcements, Draft Policies and Plans released 2018

Queensland Office of State Revenue
The Land Tax Act 2010 and the Land Tax Regulation 2010 have been updated to include the following amendments to take effect from 1 July 2018.
New tax rate
Where the taxable value of an owner's landholdings is more than $10 million, the following rates apply:
Individuals-$150,000 plus 2.25 cents for each $1 more than $10 million
Companies, trustees and absentees-$175,000 plus 2.5 cents for each $1 more than $10 million.
Clearance certificates
Lodging an application by mail to OSR-$42.00
Lodging an application online-$33.90 (plus delivery fee charged by service provider if applicable)
For more information, visit www.qld.gov.au/landtax.

Updates to standard REIQ property sale contracts
QLS and the Real Estate Institute of Queensland (REIQ) are preparing to release new editions of the standard contract as a result of the GST withholding at settlement measures taking effect from 1 July 2018, to facilitate the signing of the contracts by electronic means, and to update references to legislation and notice clauses. More...

Updated REIQ contracts and ATO information now available
The Australian Taxation Office has published updated guidance material about the GST at settlement measures which commenced on 1 July 2018. Read more

REIQ sale of land contracts and GST on property transactions
From 1 July 2018, there will be changes to how GST is paid on the settlement of the purchase of new residential premises or potential residential land subdivisions. The Australian Taxation Office (ATO) has published information about these changes on its website.

Cases

Victoria

Chapman v City of Greater Bendigo [2018] VSC 358
PRACTICE AND PROCEDURE - Application for leave to file an amended statement of claim - Principles underlying r.23.02 of the Supreme Court (General Civil Procedure) Rules 2015 applied - Whether proposed amended statement of claim discloses a cause of action - Defects of form - Leave to file the amended statement of claim refused.
NEGLIGENCE - Plaintiff claims her local council owed her a duty to acquire her land for a public purpose and had failed to do so, causing her loss - Whether the claimed duty inconsistent with the defendant's statutory duties - Dansar Pty Ltd v Byron Shire Council [2014] NSWCA 364; (2014) 89 NSWLR 1 considered - Whether this question should be determined at trial - Held no because pleaded facts show the claimed duty not arguable.
BREACH OF STATUTORY DUTY - Plaintiff claims local council breached a duty to her imposed by s.197 of the Planning and Environment Act 1987 (Vic) to promptly acquire her land - Breach of this claimed statutory duty depends on duty to acquire being established - Not arguable on the pleaded facts that there was such a duty - Accordingly no cause of action for breach of statutory duty is disclosed.

Queensland

Bettson Properties Pty Ltd & Anor v Tyler [2018] QSC 153
REAL PROPERTY - RESTRICTIVE COVENANTS - OTHER COVENANTS - where the respondent purchased a lot in a residential estate from the applicants and erected a house on that lot - where the contract of sale included a covenant requiring the applicants' consent to the installation of any solar panels - where the covenant provided for the refusal of consent where the applicants considered the proposed installation would "cause visual impact" or not be "aesthetically pleasing" - where the respondent installed solar panels on the roof of the house without the applicants' consent - where retrospective consent was refused - whether the respondent should be required to remove the solar panels - whether the covenant is of no force or effect by reason of the provisions of Part 2 of Chapter 8A of the Building Act 1975 (Qld).

Tivoli Retail Pty Ltd as Trustee under Instrument 711454913 v Metcash Food & Grocery Pty Ltd [2018] QCAT 195
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS - JURISDICTION GENERALLY - whether 'retail tenancy dispute' - where floor area more than 1000 square metres - where lessee was subsidiary of listed corporation - where Tribunal did not have jurisdiction to determine dispute.
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISMISSAL - GENERALLY - where transfer not appropriate - where application misconceived and struck out for want of jurisdiction.

Cases to 02 July 2018

Council of the City of Gold Coast v Ashtrail Pty Ltd [2018] QPEC 029
PROCEDURE - PLANNING AND ENVIRONMENT COURT PROCEDURE - PROCEDURE UNDER RULES OF COURT - where the Respondents applied for summary judgment - where the Originating Application seeks declarations and enforcement orders in respect of non-compliance with development permit conditions - where the Respondents contend the development approval has lapsed - where the respondents also contend part of the applicant's claim is statute barred - whether the court has the power to grant the Respondents' application - whether summary judgment ought be granted.

Eastcote Pty Ltd as Tte v Valuer-General [2018] QLC 11
REAL PROPERTY - VALUATION OF LAND - OBJECTIONS AND APPEALS - QUEENSLAND - Where site value is the basis of valuation - Where expert evidence is relied on - Where duty of expert witness to the Court and independence of expert are considerations - Where both valuation experts lack independence - Where evidence of experts must be carefully scrutinised.

Gaindome Pty Ltd v Tomac [2018] QCAT 152
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES - OTHER MATTERS - retail shop lease dispute - arears of rent - failure to reinstate - decision by default.

Legislation

Commonwealth

Bills assented

Telecommunications Legislation Amendment Bill 2018
27/06/2018 - Schedule 1 to the Bill would amend the National Broadband Network Companies Act 2011 (the NBN Act) to require NBN corporations, such as NBN Co Limited (NBN Co), to provide emergency service organisations (referred to in the Bill as 'eligible persons') with access in certain circumstances to towers and associated sites and facilities. Eligible persons are defined to include police, fire, ambulance and state or territory emergency services.

Regulation

Personal Property Securities (Fees) Determination 2018
04/07/2018 - This instrument determines the updated fees for using the Personal Property Securities Register.

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 Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Chris Brodrick
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
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
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

Mondaq.com (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 www.mondaq.com

To Use Mondaq.com 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.

Disclaimer

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.

General

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