Australia: Property & Real Estate News - 9 October 2018

In the media

Commonwealth

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...

Victoria

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...

Queensland

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...

Cases

Victoria

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.

Queensland

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.

Legislation

Commonwealth

Acts

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.

To print this article, all you need is to be registered on Mondaq.com.

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

Authors
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
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
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

Mondaq.com (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 www.mondaq.com

To Use Mondaq.com 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.

Disclaimer

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.

General

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