Australia: Property & Real Estate News – 30 July 2018

In the media


ISCA's call to do more good rather than less bad
Infrastructure Sustainability Council of Australia (ISCA) chairman David Singleton wants infrastructure planners, designers and those who deliver the projects to aim higher in sustainability. Singleton points out that while robustness is often a criteria for projects, it is not the same thing as resilience (12 July 2018). More...

How Australia can build 'healthy, sustainable' high-density cities
With a booming population putting a squeeze on Australia cities, many are building up to help provide for our housing needs, but experts fear we may not be designing our suburbs the right way (20 July 2018). More...

The three things you need to know about the new Modern Slavery legislation
With modern slavery legislation at federal and state levels being introduced in Australia, and regulations and guidelines under development, here are the three most common questions and answers on this topic to help you build smarter supply chains (12 July 2018). More...

Value of Apartment Construction Work Set to Fall 16% in 2019
The value of work in the multi-level residential construction sector is set for a major downturn, as tighter lending conditions and surging construction material costs weigh on the profitability of the sector (09 July 2018). More...


Melbourne Airport rail construction set to start by 2022
Construction on a rail link to Melbourne Airport could begin within four years after the State Government agrees to spend $5 billion on the project, but travellers will still need to wait at least a decade before they board a train to get there (22 July 2018). More...

Apple overhauls design for new Melbourne store after public outcry
Controversial plans to build a flagship Apple store at Melbourne's Federation Square are redesigned following criticism that the original draft was ugly and created without public consultation (20 July 2018). More...

'We must get people out of cars': Coalition to extend train line in Melbourne's south-east
Residents in Melbourne's booming outer south-eastern suburbs are promised new train stations by the Victorian Opposition to help ease peak hour traffic, as the Government's plan to expand the congested Monash Freeway to ten lanes is given the go-ahead (11 July 2018). More...

New South Wales

NSW Government confirms no change to bid date for WestConnex
The NSW Government has accepted a recommendation from the WestConnex Equity Sale Steering Committee to proceed with the sale of 51 per cent of the Sydney Motorway Corporation (SMC) as planned, with final bids on Monday 23 July (20 July 2018). More...

Two apartment blocks for sale on Dalgety Road
Property NSW, on behalf of Family and Community Services, has launched the sale of the final two apartment blocks on Dalgety Road as part of the Millers Point sales program (20 July 2018). More...

$50 million for Epping Station Bridge widening
One of Sydney's worst bottlenecks is set for an upgrade after Minister for Planning and Housing, Anthony Roberts, announced an investment of more than $50 million towards the much-anticipated widening of the Epping Station Bridge (17 July 2018). More...

Sydney tops global sustainability ranking
The City of Sydney has received top honours in a global sustainability report, scoring highest in the Asia Pacific region. The CDP organisation ranks more than 570 cities to identify those excelling on climate disclosure. Sydney received top score alongside Cleveland, Durban, Mexico City and Paris (10 July 2018). More...


Gold Coast resident says development next door is 'sinking' his dream home
A Gold Coast homeowner's dreams of a quiet beach life has been destroyed by a neighbouring development which he says is wrecking his home (20 July 2018). More...

Developers Address Demand for Larger Apartments on the Gold Coast
A changing tide in the design of residential dwellings is on the horizon as developers, seeing an increase in demand from the owner-occupier and growing downsizer space, respond with development applications for larger home-style apartments on the Gold Coast (17 July 2018). More...

Published – articles, papers, reports

Navigating a changing private rental sector: opportunities and challenges for low-income renters
Sharon Parkinson, Amity James, Edgar Liu; Australian Housing and Urban Research Institute: 19 July 2018
This study investigated how low-income renters navigate the private rental sector (PRS) via three core pathways: the formal, informal and supported pathways. More...

Tracking progress towards inclusive, safe, resilient and sustainable cities and human settlements
UN HABITAT: 09 July 2018
With the 2030 Agenda for Sustainable Development, Member States agreed on 17 Sustainable Development Goals (SDGs) with 169 global targets, and nearly 234 indicators that will be monitored for the period 2015–2030. More...

In practice and courts


Building Regulations for Garden Area and Siting Requirements
The Building Amendment (Garden Area and Siting Requirements) Regulations 2018 were made by the Governor in Council on 10 July 2018. The Regulations insert a new regulation 76A into the Building Regulations 2018. Regulation 76A requires the consideration of a minimum garden area for the construction of a single dwelling in the Neighbourhood Residential Zone and General Residential Zone. This is a mandatory requirement that cannot be varied by a report and consent (12 July 2018). More...

Waste management and recycling in multi-unit developments
Sustainability Victoria has recently prepared a new Guide to Better Practice of Waste Management and Recycling in Multi-unit Developments. The draft guide for consultation was open for comment through Engage Victoria until 13 July 2018. More...

14 Aug - Young Professional Master Class Series: Check out our three upcoming Master Class seminars that will explore and provide tips on handling common industry mistakes, achieving work/life balance & how to progress your career.

Kingston C151 proposes to rezone 179-217 Centre Dandenong Road, Dingley Village, to General Residential Zone 2.


Flintoff v Stonnington CC [2018] VCAT 1110
Stonnington Planning Scheme – Section 82 Planning and Environment Act 1987 General Residential Zone – Heritage Overlay – alterations to a dwelling on a lot less than 500 square metres – alterations to a building in a heritage overlay.

Hao Yang Australia Pty Ltd v Mornington Penininsula SC [2018] VCAT 1028
Mornington Peninsula Planning Scheme – Section 77 Planning and Environment Act 1987– hot springs – landscape character – Green Wedge Zone – Schedule 4, Environmental Significance Overlay – schedule 15, Environmental Significance Overlay – Schedule 23, Bushfire Management Overlay – "the cups" landscape – visual impact – intensity of use – native vegetation removal – road access – car parking – civil works – need for additional approval – cultural heritage management plan.



Statutory Rules
No 97 Estate Agents (General, Accounts and Audit) Amendment Regulations 2018 10 July 2018.
No 100 Building Amendment (Garden Area and Siting Requirements) Regulations 2018 10 July 2018.

Victorian legislation can be accessed here

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

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

Chris Brodrick
Katie Miller
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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
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 (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

To Use 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.


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.


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