Australia: Property & Real Estate News - 9 October 2018

In the media


Changes flagged for 'important' home lending industry as royal commission report is released
The interim report from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has been released, outlining a swathe of changes for the mortgage industry that will be of interest to real estate professionals (28 September 2018). More...

Industry moves on labelling and recycling targets
The new labelling system developed by Planet Ark, PREP Design and the Australian Packaging Covenant Organisation (APCO) provides easy-to-understand recycling information when we need it most – in those few seconds when Australians are deciding which bin to use (26 September 2018). More...

Planning controls not keeping pace with online holiday rentals
Australia needs new planning tools to manage the rapid growth in listings on Airbnb and other online holiday rental platforms, according to a new study by researchers at The University of Sydney. The report finds that since Airbnb was launched in Australia in 2011, more than 130,000 properties were listed, equating to approximately 0.2 percent of total housing stock (26 September 2018). More...

Stapled structures and managed investment trusts legislation
The Property Council of Australia has welcomed the introduction of the Government's legislative package on stapled structures and managed investment trusts. The presentation of these Bills is another step towards providing greater certainty around the rules for institutional investment in real estate benefiting millions of Australians' retirement savings (21 September 2018). More...

UBS now thinks the housing downturn could be 'the longest in decades'
Australian home prices fell for an 11th consecutive month in August, according to data released by CoreLogic. While mild by historic standards, the current downturn is showing few signs of abating, leading many to ask as to how long, and how big, it will eventually be (25 September 2018). More...


New measures reduce risk from major hazard facilities
Minister for Planning Richard Wynne has approved a new Ministerial Direction and planning policy which requires authorities to seek the views of both WorkSafe Victoria and the Minister for Industry and Employment before rezoning land within a threshold distance to a Major hazard Facility (MHF) (27 September 2018). More...

Supporting Build-To-Rent In Victoria
The Build-to-Rent model – building properties to rent instead of selling them to individual buyers – can provide high quality and well maintained rental stock to Victorian renters. It builds on the Labor Government's recent changes to the Residential Tenancies Act which is making renting fairer for Victorians (27 September 2018). More...

Affordable housing helps luxury Flinders Bank project win permit
The inclusion of affordable housing in a luxury riverfront apartment project in Flinders Bank has helped its developer win approval, with Minister for Planning Richard Wynne giving the $800 million project the green light (25 September 2018). More...

Stopping developers ruining Bellarine And The Surf Coast
A re-elected Labor Government will declare both the Surf Coast and Bellarine Peninsula a Distinctive Area and Landscape under the Planning and Environment Act 1987. The declaration triggers a requirement for a Statement of Planning Policy, which will set permanent height controls and town boundaries to protect the environment, landscape and local lifestyle (27 September 2018). More...

Fracking ban a win for farming and tourism
Local farmers, tourism operators and the Barwon community continue to benefit from the Andrews Labor Government's historic decision to permanently ban 'fracking', and all other forms of unconventional onshore gas extraction (25 September 2018). More...

The Melbourne creeks the Environmental Protection Authority doesn't want you to swim or fish in
Victoria's environmental watchdog is warning Melbourne residents not to enter the waterways west of the city as it continues to investigate contamination from firefighting foam (22 September 2018). More...

Migrants to be funnelled into the regions under Coalition plan to ease Melbourne's squeeze
Under Matthew Guy's proposal, a new body would also be empowered to slow housing construction in areas where services and infrastructure are not keeping up with growth (20 September 2018). More...

Commercial 3 – Victoria's new zone for mixed use and creative industries
The Commercial 3 zone is essentially a mixed use employment zone which is intended to facilitate the establishment and growth of creative industries, small manufacturers and startup businesses. The zone also allows complementary uses (including accommodation, small-scale retailing, places of assembly, and warehouses) (18 September 2018). More...

New South Wales

Rail infrastructure set to transform real estate in New South Wales
New South Wales is in the midst of an unprecedented period of infrastructure spending, with a nearly $90 billion pipeline accounting for a record 17.7 per cent of total budget spending over the next four years (27 September 2018). More...

$39 million road upgrade in North West Sydney is just the beginning
A revised North West Special Infrastructure Contribution (SIC) will deliver $1.5 billion for infrastructure in Sydney's north-west over the next 30 years. The revised SIC ensures strategic delivery of infrastructure as development takes place and ensures developers and land-owners contribute their fair share (26 September 2018). More...


Developers using unreleased Gold Coast study to push higher, architect claims
A prominent Gold Coast architect says developers are using a council study that is not fully released to the public to push for taller buildings (27 September 2018). More...

Plans lodged for 25-Storey Broadbeach tower
Developers remain confident in the Gold Coast's market, with another residential skyscraper entering planning in recent weeks (27 September 2018). More...

Gold Coast Airport hotel gets the green light
The Gold Coast Airport has been given the go ahead by federal government for a new $50 million hotel to commence work. Earlier this year Mills said half a billion dollars would be invested into the Gold Coast airport precinct under the airport's Project LIFT expansion plan (24 September 2018). More...



Konann Pty Ltd v Casey City Council [2018] VSC 565
PLANNING – Development contributions – Infrastructure levies – Precinct Structure Plan – Development Contributions Plan – Infrastructure works to be constructed under a development contributions plan completed by developer – Duties and powers of collecting agency – Extent of credit or refund payable to developer – How determined – Double dipping – Planning and Environment Act 1987 (Vic) pt 3B, s 46P(2) – Casey City Council v Carson Simpson [2007] VSC 25; (2007) 18 VR 19 (Osborn J) considered.

Falconer v Mildura CC [2018] VCAT 1469
Section 82 of the Planning and Environment Act 1987 (Vic); Mildura Planning Scheme; Farming Zone; Proposed group accommodation; Consideration of clause 22.01 relating to budget accommodation. No permit.

Kong v Monash CC [2018] VCAT 1462
Monash Planning Scheme; Monash Housing Strategy 2014; student accommodation in a preferred location; neighbourhood character outcomes in the Clayton Activity Centre; internal amenity for student accommodation; car parking for student accommodation.

Adams v Castran Gilbert (Aust) Pty Ltd (Civil Claims) [2018] VCAT 1461
Section 75 of the Victorian Civil and Administrative Tribunal Act 1998 – claim by a potential purchaser of real estate against her conveyancer – the potential purchaser also has claims against the vendor and the vendor's estate agent.

Owners Corporation No.1 of PS613436T v L.U. Simon Builders Pty Ltd & Ors (No 3) (Building and Property) [2018] VCAT 1448
EVIDENCE – Application for late filing of expert report – principles to be applied – effect on expert witness conclave – application refused.


Tripple A Pty Limited v WIN Television Qld Pty Ltd [2018] QCA 246
LANDLORD AND TENANT – RENEWALS AND OPTIONS – EXERCISE OF OPTION – VALIDITY OF EXERCISE – where the parties to a commercial lease entered into an agreement for a further lease, in purported exercise of an option to renew, after the expiry of the time limit specified for exercise of the option – whether the lessor could be said to have waived compliance with the time limit, such that the further agreement was the result of the exercise of the option – or whether the option lapsed upon expiry of the time limit, and the further agreement was the result of a negotiation in accordance with ordinary contractual principles of offer and acceptance.
LANDLORD AND TENANT – RENT – PROVISIONS AS TO RENT IN AGREEMENT FOR LEASE OR LEASE – DETERMINATION OF RENTAL – dispute as to the proper construction of the agreement between the parties for a lease for a further term, in particular as to the rent payable and whether a market rent review process applied – whether subsequent conduct of the lessor could be relied upon.

Airlie Beach Real Estate Pty Ltd v Body Corporate for Delor Vue Apartments [2018] QCAT 317
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – DUTY TO REPAIR AND MAINTAIN COMMON PROPERTY – where parties entered into caretaking agreement – where allegations that the applicant failed to comply with its contractual obligations – where the body corporate purported to terminate the caretaking agreement at an extraordinary general meeting – requirement that the body corporate act reasonably.
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS – BALANCE OF CONVENIENCE GENERALLY – where the balance of convenience favours the granting of an interim order – where damages are not an adequate remedy.

TLL Investment Pty Ltd v The Body Corporate for the Grange [2018] QCAT 318
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – where body corporate wishing to terminate caretaking service contractor contract – where body corporate issued remedial action notices under s 129 of the Accommodation Module – where remedial action notices also purportedly issued under contract – whether notices issued were valid – whether body corporate could rely on ground of misconduct or gross negligence not included in remedial action notices – whether body corporate entitled to terminate.

Scouller v Stockland Property Services Pty Ltd [2018] QCAT 308
REAL PROPERTY – RETIREMENT VILLAGES – whether electricity and water meter reading is a general service – whether a charge is adequately disclosed in the Public Information Document.




Airports Amendment Act 2018
26 September 2018 - Act No. 107 of 2018 as made
Amends the Airports Act 1996 to: implement a differential master plan submission cycle for federal leased airports (excluding Mount Isa and Tennant Creek); mandate the inclusion of an Australian Noise Exposure Forecast in each new master plan; increase the monetary trigger for major development plans (MDPs) from $20 million to $35 million and enable the minister to review and revise the monetary trigger every three years; specify a 15 business day statutory timeframe within which the minister must consider applications from airport-lessee companies for reduced consultation periods for MDPs.

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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