In the media
Commonwealth
ATO increases scrutiny on short-term holiday
rentals
The ATO has announced that it will be launching a
data-matching program to pick up those who leave out rental income
and over-claimed deductions. The increased scrutiny of short-term
holiday rentals, according to assistant commissioner Kath Anderson,
comes following the availability of short-term holiday rentals
exploding in the online space (15 August 2018).
More...
Trade intentions – August to October 2018
The Commonwealth Environmental Water Holder is considering
a sale of water in the Goulburn catchment. No decision has been
made to trade but it could occur over the coming month (16 August
2018).
More...
Making our energy system more secure
The Government has welcomed the Australian Energy Market
Commission's (AEMC) draft rule requiring
generators to provide at least three years notice of closure. The
AEMC also recommended that the three year rule notice requirement
be backed up by penalties for non-compliance (16 August 2018).
More...
Smart buildings overcoming Australia's energy crisis
through technology and design
Australia is facing its biggest energy crisis to date.
With four of the country's coal-fired power plants closed due
to ageing infrastructure and a wealth of natural gas locked into
export contracts for years to come, it's no surprise that the
World Economic Forum's Global Risk Report 2018 identified
energy as Australia's biggest problem (10 August 2018).
More...
The reality of build-to-rent in Australia
The build-to-rent property model is increasingly garnering
interest from property developers across the country. Developers
such as Grocon, Lendlease and Mirvac are all looking at
implementing the model in Australia (14 August 2018).
More...
REIA: Housing finance numbers continue fall
The June 2018 housing finance figures released by the
Australian Bureau of Statistics show that the number of loans for
housing continue to decline, according to the Real Estate Institute
of Australia (8 August 2018).
More...
Aussie households face rising mortgage stress
The housing market may be experiencing a cool down but the
number of Australian households facing mortgage stress is still
high, according to a ME Bank survey (7 August 2018).
More...
More children are living in high-rise apartments, so
designers should keep them in mind
Australian cities are changing. Instead of families living
in low-density suburban areas, more parents are raising children in
high-rise housing in inner-city areas. Despite this, much of the
high-rise housing stock in Australia has been developed for
residents without children (7 August 2018).
More...
Victoria
More train services, station upgrades promised for
Victoria's second-biggest city
Trains between Melbourne and Geelong will run every 10
minutes during peak periods, and hundreds of extra services will
operate in Victoria's second biggest city each week under a
$736 million election pledge from Premier Daniel Andrews (17 August
2018).
More...
Funding boost for local recycling facility
The Andrews Labor Government will provide more than $1.1
million to fast-track industry-upgrade projects in Victoria's
recycling sector, under the Recycling Industry Transition Support
fund (14 August 2018).
More...
Supporting rural councils to deliver better
services
The Andrews Labor Government is helping rural and regional
councils improve services with the opening of expressions of
interest for the Rural Council Support Program. Applications by
groups of three or more councils that will be considered for
funding under the program may include, but are not limited to:
lease arrangements for buildings, fixtures and furniture (14 August
2018).
More...
Charges laid in relation to Stawell tyre stockpile
Environment Protection Authority Victoria
(EPA) has charged Used Tyre Recycling Corporation
Pty Ltd (UTRC) following two breaches of an EPA
statutory notice. EPA has also charged a UTRC Director with the
same two offences (13 August 2018).
More...
Residential laws in Victoria up for change, but not
enough
Victoria's long-awaited residential tenancy reforms
hit the table in the state parliament's lower house. But while
Premier Daniel Andrews said the reforms would be the biggest change
to the state's residential tenancy in 20 years, missing in
action was any requirement for minimum energy standards and thermal
comfort (9 August 2018).
More...
New South Wales
Sydney calls for high-rise apartments to get green
The City of Sydney is looking for 20 high-rise apartments
to join its free 2018-19 Smart Green Apartments program, which
collectively saved last year's cohort $1 million in energy and
water bill savings. The council said this year's cohort could
expect to save an average of $57,000 on annual power bills alone.
And, for the first time, a NABERS Apartment rating will be provided
free of charge (9 August 2018).
More...
Queensland
Full steam ahead for Southport Spit master plan
The Queensland Government's community led master plan
is on track to deliver a sustainable future for the Southport Spit
(18 August 2018).
More...
Yuhu Group's Plagued $1bn Jewel Tops Out On the Gold
Coast
The $1 billion beachfront Jewel development has reached
topping out stage, leading the charge in a lineup of super towers
underway on the Gold Coast (17 August 2018).
More...
Gold Coast office vacancy increases
The Property Council of Australia's latest Office
Market Report reveals an increase in Gold Coast office vacancy to
12 per cent over the last six months. This result can be attributed
to an additional 3,000sqm of B Grade stock coming online, as well
as a significant tenant move in Robina (2 August 2018).
More..
In practice and courts
Commonwealth
Announcements, Draft Policies and Plans released 2018
Amendment VC148 Update
The VPP clauses with tracked changes are now available on
Planning Schemes Online. To view these documents, click
here. Individual clauses for the VPP and all planning schemes
were made available on Friday 17 August. To view these documents,
go to
Planning Schemes Online. (16 August 2018).
SRO: Land Use Victoria lodgement changes – key
dates
In early 2017, Victoria's land registry, Land Use
Victoria, announced its phased timetable for transitioning to
digital only lodgement by 1 August 2019, with very limited
exceptions. The first phase, from 1 March this year, involved all
stand-alone transactions being lodged electronically via PEXA,
unless an exemption applies. The remaining phases are:
From 1 October 2018, all instruments or combinations of instruments
available in PEXA are to be lodged electronically. This applies to
conveyancers and lawyers acting for a party or for themselves, as
well as PEXA subscribers. Examples include a case comprising
withdrawal of a caveat, discharge of mortgage, and transfer and
mortgage. In all cases, practitioners need to be registered for
Duties Online and PEXA.
Find out how to register or update your details in Duties
Online. The Land Use Victoria lodgement changes do not change
any existing State Revenue Office submission requirements.
Cases
Rotary Club of Melbourne Inc v Commissioner of State
Revenue (Review and Regulation) [2018] VCAT
1257
Duties Act 2000, s 45 – Whether applicant
is a corporation or body of persons established for a charitable
purpose – Whether social and networking activities, and the
moral improvement of members, are independent objects or directed
to higher and larger charitable purpose. Rotary Club of Melbourne
Inc (RCM) became the registered proprietor of a
suite in an office building in Collins Street, Melbourne
(Relevant Property), which it acquired for
$770,196.37.
Sim Development Pty Ltd v Greenvale Property Group Pty
Ltd [2018] VSCA
201
CONTRACTS – Construction – Consultancy
agreement in respect of property development project –
Consultant entitled to 20 per cent net profit – Agreement
terminated prior to completion of project – Whether net
profit entitlement contingent on completion of project –
Whether sale of undeveloped property constitutes completion of
project – Consultant entitled to hourly rate for work
performed – Hours claimed in invoice pursuant to agreement
– Evidence as to certain hours claimed in invoice rejected
– Evidence of additional hours not claimed in invoice –
Whether evidence of additional hours made up shortfall in invoice
– Consultant entitled to monthly payment 'in advance'
– Whether monthly payments to be deducted from hourly rate
claim.
COSTS – Calderbank offers – Whether reasonable not to
accept offers – Whether offers so unclear as to be incapable
of acceptance – Hazeldene's Chicken Farm Pty Ltd v
Victorian WorkCover Authority [No 2] [2005] VSCA 298; (2005)
13 VR 435 applied; Little v Saunders [2004] NSWSC 655
distinguished.
Fisher v Wenzel (No 1) [2018] QCAT
261
REAL PROPERTY – BOUNDARIES OF LAND AND FENCING
– FENCES AND FENCING – ADJOINING LAND – where
Tribunal made final dividing fence orders including contribution
order against applicants for fencing costs.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– JUDGMENTS AND ORDERS – ENFORCEMENT OF JUDGMENTS AND
ORDERS – where respondents brought enforcement proceedings in
Magistrates Court of Queensland against applicants for payment of
contribution for fencing costs – where enforcement
proceedings adjourned because of application to renew Tribunal
orders or reopen proceedings.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicants applied for renewal of Tribunal decision or reopening of
proceedings – whether grounds for renewal or reopening
established.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TIME, EXTENSION AND ABRIDGEMENT – where applicants
applied for extension of time for filing application for renewal or
reopening – whether grounds for extension established.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– whether application for renewal of decision or reopening of
proceedings frivolous and vexatious and an abuse of process –
whether compensation recoverable – whether restorative
justice available to respondents.
Radchenko v Body Corporate for Richmond
Apartments [2018] QCAT
251
REAL PROPERTY – STRATA AND RELATED TITLES –
MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND
LIABILITIES adjustment of community title scheme – principles
for deciding schedule lot entitlements – principles for
setting and adjusting contributions schedule lot entitlements
– principles for deciding interest schedule lot entitlements
– adjustment by tribunal of contribution schedule – no
material change to a community title scheme – an adjustment
of the interest schedule – criteria for deciding just and
equitable circumstances – lodgement and recording of changes
to interest schedule lot entitlements – costs –
threshold for an award of costs.
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.