Australia: Property & Real Estate News - 16 July 2018

In the media


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...


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


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.


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.


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


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

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.



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.


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



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.


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.

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Chris Brodrick
Gerard Timbs
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