Australia: Property & Real Estate News – 26 September 2018

In the media


Housing prices continue to fall: REIA
Property prices across Australian capital cities fell in the June quarter 2018 with the weighted average median prices decreasing by 0.8 per cent for houses and 0.3 per cent for other dwellings, according to the Real Estate Institute of Australia (12 September 2018). More...

Renters, first home buyers see more affordable market: Report
Affordability has improved for renters and the number of first home buyers increased during the second quarter of 2018, according to research from the Real Estate Institute of Australia (05 September 2018). More...


Slashing Red Tape to Boost Local Businesses and Create Jobs
More than 250 new initiatives have been put in place to reduce Victoria's gross regulatory burden by 25 per cent. These include streamlining the way Councils require, access and collect developer contributions to pay for infrastructure; making retail leases fairer and easier to understand; making it easier for businesses to set up events and festivals and allowing people to take away unfinished open bottles of liquor from licensed venues (14 September 2018). More...

Applications Now Open For Half-Price Solar Panel Rebates
Minister for Energy Lily D'Ambrosio announced that eligible Victorian households who installed solar panels on or after 19 August can now apply for a rebate to cover half the cost, up to a maximum of $2225. Applications for a $1,000 rebate for solar hot water systems will open shortly (14 September 2018). More...

Lowered roads, green bridges to feature in Melbourne's proposed 'missing road link'
Bridges covered in greenery, 25 kilometres of cycling and walking paths and better noise standards will form part of the proposed $15.8 billion North East Link road project, plans unveiled by the Andrews Government reveal (09 September 2018). More...

There are Now More Apartments than Offices in Central Melbourne
Residential accommodation has surpassed office space in Melbourne's municipality as the largest use of floor space, according to the latest data from City of Melbourne (07 September 2018). More...

New renting laws pass through Parliament
The Victorian Parliament has passed the Residential Tenancies Amendment Bill 2018, which includes more than 130 reforms providing increased protections for renters, while ensuring rental housing providers can still effectively manage their properties (07 September 2018). More...


Aquadonis Pty Ltd v Kingston CC (Red Dot) [2018] VCAT 1407
NATURE OF CASE - Application under section 79 of the Planning and Environment Act 1987 - Whether CHMP required - Whether application should be dismissed in accordance with the reasoning in Stanley Pastoral Pty Ltd v Indigo SC [2015] VCAT 36.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or application. The Tribunal has jurisdiction to determine a section 79 application if the requirement to prepare a CHMP arises after the date the application is made.

2426 Grenville Pty Ltd v Bayside CC (Red Dot) [2018] VCAT 1338
NATURE OF CASE Application to develop an apartment building on the subject land.
LAW – issue of interpretation or application - Consideration of the mandatory garden area requirement in the context of a permit application with a floor level below the existing ground level.
LEGISLATION – interpretation or application of statutory provision.
PLANNING SCHEME – interpretation or consideration of VPP provision - Identification of apparent oversight when Amendment VC143 did not delete the words 'at ground level' in clause 32.08-4 despite an intent to do so, as evident in the 'tracked changes' version of the clause.

Big Apple Group Pty Ltd v Melbourne City Council (Building and Property) [2018] VCAT 1323
Building and Property List – retail tenancy – application to set aside order by consent – jurisdiction – implied and inherent power of Tribunal – functus officio – whether applicant appeared through Counsel whose suspension was stayed at relevant time – was applicant represented – conflict of interest in relation to respondent's Counsel – no power to set aside order – no jurisdiction in Tribunal – Victorian Civil and Administrative Tribunal Act 1998 (Vic) sections 119 and 120.

Bunnings Group Ltd v Sunshine Coast Regional Council & Ors [2018] QPEC 42
PLANNING AND ENVIRONMENT – APPEAL – appeals against refusals – refusals of development applications for a material change of use of premises to establish a Bunnings Warehouse.
CONFLICT – conflict with the superseded planning scheme – whether proposed developments conflict with the superseded planning scheme.
PLANNING NEED – whether there is a need for a Bunnings Warehouse at Coolum Beach.
GROUNDS – whether there are sufficient grounds to justify an approval of a Bunnings Warehouse on the land despite the conflicts.

Fisher v Wenzel (No. 2) [2018] QCAT 298
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.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicants subsequently applied for orders for prevention of demolition of part of a dividing fence and rectification work – whether application made out.

Delta Contractors (Aust) Pty Ltd v Brisbane City Council [2018] QPEC 41
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a proposed partial demolition of a pre-1946 dwelling house – whether the partial demolition results in the loss of integral components which contribute to streetscape character – whether the proposed partial demolition diminishes traditional building form – whether the partial demolition will result in loss of traditional building character – whether the partial demolition reduces the building's positive contribution to the visual character of the street – whether the development ought be approved having regard to relevant matters.

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
Katie Miller
Gerard Timbs
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