In the media
Commonwealth
Industry, councils leading on climate action despite
policy uncertainty
While Canberra dismisses the flashing sirens delivered by
the Intergovernmental Panel on Climate Change, the rest of the
nation – including businesses, local government and retail
investors – are stepping up to the challenge with a range of
programs to reduce greenhouse gas emissions on their own accord (11
October 2018).
More...
COAG Economic Reform Council should target housing
affordability
The Property Council of Australia has welcomed Shadow
Treasurer Chris Bowen's proposal for the creation of a new
independent COAG Economic Reform Council to drive long-term reform
priorities, and called for its first focus to be on housing
affordability (11 October 2018).
More...
Property market confidence 'collapsing':
survey
Tightened lending restrictions and rising interest rates
has pushed property industry confidence levels to a seven-year low
as weakening house prices in NSW and Victoria weigh heavily on the
market (11 October 2018).
More...
Off-the-plan apartment pain as property prices
fall
Off-the-plan apartment buyers are being hit with the
double-whammy of tougher home loan rules and falling property
prices, leaving many struggling to complete their purchases (03
October 2018).
More...
CEFC and Visy to substantially lift resource recovery
from waste in bid to cut emissions and reduce landfill
Australia's Visy Industries and the CEFC have
announced new plans to significantly increase waste recycling and
processing capabilities, in part to offset the impact of changes in
the international recycling market (03 October 2018).
More...
Affordable home-ownership scheme offers a pathway out of
social housing
Social housing is in crisis in Australia, with almost
200,000 people on waiting lists. Social housing made up 8% of all
housing stock in Australia in 1966. This had fallen to just 4.3% at
July 2016.As a result, governments have tightened eligibility (03
October 2018).
More...
Victoria
Microgrid trial will help transition Monash University
to run entirely off renewables
On behalf of the Australian Government, ARENA will provide
$2.97 million in funding to Monash University and Indra Australia
for the Monash Smart Energy City project (12 October 2018).
More...
New land use framework to protect
anglesea
The Minister for Environment Lily D'Ambrosio released
a Land Use Framework that lays out a future for the site free from
urban development, without any change to township boundaries (11
October 2018).
More...
Fishermans Bend planning rules to manage density, boost
social housing
The Victorian government has released final planning
framework for Fishermans Bend in Melbourne, a 480-hectare urban
renewal area adjacent to the CBD with a contentious planning and
development history (11 October 2018).
More..
Are precincts the key to liveable cities?
Can Moseley, CEO at the VPA believes sustainable precincts
can unlock the door to a better future for Australians. Reporting
to the Minister for Planning, the VPA is responsible for planning
new communities in growth areas across Victoria and is key to
delivering the Government's strategic planning policy to locate
70 per cent of Melbourne's new housing stock into established
areas (08 October 2018).
More...
Solar Energy Facilities - Design and Development Draft
Guidelines
The Victorian Government has approved a major new solar
farm north of Shepparton and released draft planning guidelines for
the development of large solar farm projects across the state (08
October 2018).
More...
Victorian Government approves Congupna solar farm
The Victorian Government approves a new solar farm for
northern Victoria that could power more than 20,000 homes, while
three other projects in the same area are undergoing further
assessment (08 October 2018).
More...
EPA lifts irrigation restrictions on Maribyrnong
River
Environment Protection Authority Victoria
(EPA) has eased some restrictions on use of
Maribyrnong River water following testing for PFAS (05 October
2018).
More...
Decade-long tyre feud ends with a jail sentence, but
stockpile remains
An epic legal battle over a tyre dump putting a Victorian
community at "extreme risk" is over, but the question now
is how to get rid of 5,000 tonnes of hazardous material (03 October
2018).
More...
Queensland
Door closes on unlicensed real estate agent
A Hope Island resident was fined $15,000 and ordered to
pay compensation of $16,750 in the Southport Magistrates Court (8
October 2018) after being charged by the Office of Fair Trading
(OFT) for acting as a real estate agent after his
licence was cancelled due to bankruptcy (08 October 2018).
More...
Multiplex breaks its silence on yuhu
saga
Tensions between Jewel developer Yuhu and Multiplex
continue to simmer, with reports from the site that Yuhu refused to
meet with its contractor as hundreds of workers walked off the $1
billion project (05 October 2018).
More...
Hundreds of workers walk off the job at $1 billion Gold
Coast resort development
Up to 800 workers walk off the job at the Jewel Resort
development on the Gold Coast, with subcontractors worried they
will lose hundreds of thousands of dollars as the developer
instructs them to drastically reduce their work at the towers (03
October 2018).
More...
Ridong unveils plans for 'world class' Gold
Coast tourism and wellness retreat
Chinese developer Ridong, the original developer of the
Gold Coast's $1 billion Jewel project, has lodged plans for a
"wellness and tourism retreat" in Tallebudgera Valley on
the Gold Coast (03 October 2018).
More...
New South Wales
Funding to support local infrastructure for 25000 new
homes in NSW
The NSW Government is investing more than $10 million to
help local councils deliver more than $165 million worth of
essential infrastructure to support growing communities across
metropolitan and regional NSW (05 October 2018).
More...
New seniors housing planning rules to benefit all
The NSW Government has responded to community concerns
about the incremental creep of seniors' housing developments in
rural and semi-rural areas, including Terrey Hills and Dural, by
amending the policy governing such developments (03 October 2018).
More...
Published - article, papers, reports
Management of Commonwealth leased office property
Australian National Audit Office: 09 October 2018
The objective of the audit was to assess whether effective
arrangements have been established by Finance to achieve value for
money outcomes for Commonwealth leased office property. More...
Australian Bureau of Statistics
12 October 2018
Housing Finance, Australia, August 2018 (cat no. 5609.0)
In practice and courts
Commonwealth
Approvals
GC81 The Amendment implements the Fishermans Bend
Framework, September 2018 by introducing new planning controls
for the Montague, Sandridge, Wirraway and Lorimer precincts of
Fishermans Bend.
VC149 changes the Victoria Planning Provisions by inserting a new Commercial 3 Zone and also amends the VPP and all planning schemes to introduce new requirements for the assessment of residential solar energy facility overshadowing and implement the wind energy facility recommendations.
VC153 extends the expiry date of Clause 52.13 (2009 Bushfire – Recovery Exemptions) to 30 September 2019.
Exhibitions
Panel reports
Greater Shepparton Permit Applications (2017-162, 2017-274,
2017-301, 2017-344) Call-in: Development of Solar Farms at
Congupna, Lemnos, Tallygaroopna and Tatura.
Cases
Victoria
O'Kane v Macedon Ranges SC (Red Dot)
[2018] VCAT 1562
NATURE OF CASE Application to construct eight dwellings on
a lot in a Neighbourhood Residential Zone and the meaning and
effect of the transitional provision at clause 32.09-6
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
PLANNING SCHEME – interpretation or consideration of VPP
provision
Clause 32.09-6 in the Neighbourhood Residential Zone; Transitional
provision; Whether it preserves a different clause 55 standard
specified in a schedule that existed on 13 April 2017
Greater Shepparton City Council v Trio Parks Vic Pty
Ltd [2018] VCAT
1470
Application for declaration under section 149A of the
Planning and Environment Act 1987; Characterisation of
use; Whether the introduction of new, high quality permanent
accommodation on the land transforms the use from a camping and
caravan park to a residential village or retirement village.
Queensland
MFB Properties (NQ) Pty Ltd & Ors v MSD Securities Pty
Ltd & Ors [2018] QCA 259
CONVEYANCING – BREACH OF CONTRACT FOR SALE AND
REMEDIES – INSTALMENT CONTRACTS – STATUTORY
RESTRICTIONS ON RESCISSION OR TERMINATION OF INSTALMENT CONTRACT OR
FORFEITURE OF INSTALMENTS OF PURCHASE PRICE – where the
appellants and respondents were parties to a number of agreements,
the purpose of which was to sell four parcels of land (Lots 1, 2, 3
and 4) and a resort business conducted on those parcels from the
first, second and third appellants to the first and second
respondents – where the four appellants and four respondents
all entered into a deed – where the four appellants and four
respondents were variously parties to six contracts of sale and
purchase – where the parcels of land and business were to be
purchased for a total consideration of $4 million – where the
parties varied their agreement, the effect of which was that the
transfer of a house, unit and vessel from the third and fourth
respondents to the fourth appellant was deemed to amount to payment
of $2 million, meaning that $2 million remained to be paid for the
purchase of the lots and business under the deed – where the
third and fourth respondents were not party to the REIQ contracts
concerning the land on which the resort business was conducted
– where the a mortgage was taken out by the first appellant
over Lot 1 prior to conveyance of title to the first respondent
– where the respondents submitted that the contract of sale
for Lots 1, 2 and 4 was an instalment contract by virtue of the
variation and that the contract was therefore voidable by the
purchaser any time before completion, per s 73 Property Law Act
1974 (Qld), because of Lot 1's encumbrance by a mortgage
– where the third and fourth respondents, who had transferred
property in purported consideration for the transfer of Lot 1,
inter alia, were not the purchasers of Lot 1, 2 and 4 under the
REIQ contract – where the third and fourth respondents did
not stand to gain any interest in the land comprising Lot 1 –
whether the contract for the sale of Lots 1, 2 and 4 was an
instalment contract within the meaning of s 73 Property Law Act
1974 (Qld).
Valuer-General v Body Corporate for 'Tennyson
Reach' [2018] QLAC 7
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – EVIDENCE – where
appeal is against valuation expert evidence – where both
expert valuers apply a different highest and best use – where
one expert assesses the site as impact assessable and the other
expert assesses it as code assessable – where one valuer
adopts a conservative approach – where valuation methods are
not discernible from the evidence – where valuer adopts a
range of figures to apply value – where the sales are alleged
not to be sufficiently similar for comparison purposes –
where valuers incorrectly have regard to material subsequent to the
sale – where the learned Member found the evidence of an
expert to be unexplained – where valuation expert is
argumentative when giving evidence – where the evidence
before the learned Member was poor.
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND –
HEARING OF APPEAL – PROOF AND EVIDENCE – where the onus
of proof is on the balance of probabilities – where it is
alleged the appellant did not meet the onus of proof.
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND –
POWERS OF COURT – duty of the Land Appeal Court to rehear
valuation matters on the evidence before the Land Court –
whether it is appropriate to speculate on the learned Members
findings as to witness credibility – whether the Land Appeal
Court can remit valuation matters back to the Land Court.
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – whether the learned Member
followed the two-step valuation processes required for determining
an appeal against an objection decision on a valuation.
EVIDENCE – PROOF – BURDEN OF PROOF – section 169
Land Valuation Act 2010 – onus of proof –
balance of probabilities – where alleged that the learned
Member failed to properly apply the onus – where it was
alleged that the learned Member erred in understanding s 170(b) of
the Land Valuation Act 2010 – presumption of
correctness – where the appellants cases relate to the
Valuation of Land Act 1944.
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.