In the media
Commonwealth
ANZ Property Council industry confidence survey June
2019 quarter
A six-year low in property industry confidence levels
underscores Treasury's budget warnings about the risks to the
economic outlook from a further deterioration in the housing sector
(11 April 2019).
More...
The ultimate challenge for sustainable building
A push to net zero carbon buildings is among the raft of
changes proposed in the next evolution of the Green Building
Council of Australia's Green Star system (10 April 2019).
More...
Housing finance numbers continue dive: REIA
The February 2019 Lending to Households and Business
figures released by the Australian Bureau of Statistics show that
the number of loans for housing, excluding refinancing, continues
to decline (09 April 2019).
More...
Lendlease face potential class action
Lendlease, which is currently building the delayed
NorthConnex project in Sydney, will now face a potential class
action following a surprise $350 million write down on its
engineering business on 9 November (08 April 2019).
More...
Budget highlights importance of property to a healthy
economy: REIA
The 2019/20 Budget provides a fiscal stimulus by
increasing infrastructure spending and delivering higher disposable
incomes to 10 million low to middle income earners, according to
the Real Estate Institute (02 April 2019).
More...
GBCA: Strong on infrastructure, short on emission
reductions
The Morrison Government has delivered a pre-election
federal budget strong on infrastructure spending but short on new
initiatives to support emissions reductions, according to the Green
Building Council of Australia (GBCA) (02 April
2019).
More...
Queensland
Queensland's big infrastructure spend in Brisbane
and what it means
South Brisbane's population is expected to treble by
2031, while Greater Brisbane's will rise to 2.95 million.
Anticipating this dramatic population surge, the Labor government
has begun substantial infrastructure projects, committing to a $944
million urban Metro service and a $5.4 billion second Cross River
Rail project to be tunnelled under the Brisbane River (11 April
2019).
More...
Queensland confidence continues to decline
For the first time since the survey's inception,
confidence across Queensland's property industry has declined
for the third consecutive quarter according to the latest
ANZ/Property Council Confidence Survey. Industry sentiment in
Queensland has dropped from 118 index points to 113 index points
(11 April 2019).
More...
16,000 plants help Hercules Street Park flex its
muscle
More than 16,000 new plants will soon be planted
throughout Hercules Street Park as part of $10 million in upgrades
set to transform Brisbane's Northshore (11 April 2019).
More...
ICA welcomes Queensland floodplain management plan
Karl Sullivan, ICA general manager of risk and disaster
planning said it should be used as the national benchmark for
cooperation between state and local governments to deliver
whole-of-catchment floodplain management. The Flood Resilient
Building Guidance will empower home and small business
owners to make informed decisions regarding their individual flood
risk and how to reduce their exposure (11 April 2019).
More...
PCA: New Brisbane River floodplain management plan and
building guidance
Fifty-two actions have been outlined in the Strategic
Floodplain Management Plan to guide how the State and Local
governments will work together to better manage flooding risks
within the Ipswich, Lockyer Valley, Somerset and Brisbane local
government areas. Seventeen of those actions will have state-wide
application (10 April 2019).
More...
Queensland floodplain management plan sets new national
benchmark
The Palaszczuk Government has partnered with local
governments in south east Queensland to set a national benchmark
for floodplain management with the release of the Brisbane River
Strategic Floodplain Management Plan and a flood resilient building
guide for homes (09 April 2019).
More...
Grants to benefit Queensland's neighbourhood
centres
Neighbourhood centres across Queensland are encouraged to
apply for a share of $800,000 under the latest round of the
Palaszczuk Government's Thriving Queensland Communities Grants
program (09 April 2019).
More...
New safety code to make Queensland solar farm jobs
safer
A new code of practice and electrical safety regulations
will be put in place next month to enhance safety in the growing
commercial solar farm industry. The new regulations mean only
licensed electricians can mount, locate, fix or remove solar panels
on solar farms with a total rated capacity of at least 100kW (09
April 2019).
More...
New regrowth code a boost for coastal small crop
farmers
Coastal small crop farmers are set to benefit from
proposed changes to the new regrowth vegetation code (09 April
2019).
More...
Queensland grazier fined $450k for illegal land
clearing
A Queensland grazier, whose bid to bulldoze native
woodlands has the support of Federal Government MPs, has been hit
with one of the state's heaviest penalties for illegal land
clearing (06 April 2019).
More...
Victoria
Falling property sector confidence demands cooperation
between Government and industry
The results of the latest ANZ/Property Council Survey have
revealed that confidence levels across Victoria's property
industry have fallen for the fourth consecutive quarter and show an
immediate need for the Government to work with the sector to
support innovative approaches to bolstering confidence (11 April
2019).
More...
Peregrine launches $100m Richmond office project
Early concepts for the $100 million development, situated
in Melbourne's tightly held inner east office market, outline
9,340sq m of new, architecturally designed office space over eight
levels. Designers have allowed the project to be fully customisable
giving future tenants the flexibility to subdivide, offering an
opportunity to tailor layouts to meet business and cultural needs
(09 April 2019).
More...
Geelong recycler told to stop accepting combustible
timber waste
An alleged failure by Geelong recycler NATJON Pty Ltd to
meet the requirements of the Victoria Waste Management Policy
(Combustible Recyclable and Waste Materials) has seen Environment
Protection Authority Victoria (EPA) issue the
company a notice that requires it to immediately stop accepting
combustible recycling materials (09 April 2019).
More...
Planned Federation Square Apple store doomed after
permit refused
The controversial plan to build an Apple store at
Melbourne's Federation Square is doomed after heritage
authorities blocked it because it would "adversely"
affect the cultural heritage of the square (05 April 2019).
More...
EPA steps in on construction materials stockpile
EPA has ordered a construction and demolition materials
recycler at Coolaroo to stop accepting combustible recyclable and
waste material until it implements measures to reduce the risk of
fire at the site (01 April 2019).
More...
Work underway on Melbourne Park redevelopment
Major demolition work is underway as part of Stage 3 of
the Victorian Government's redevelopment of Melbourne Park. The
Melbourne Park and the surrounding Sports Precinct are a key
component of the Richmond to Docklands corridor, combining some of
Melbourne's most attractive river and parklands with the best
in sports, entertainment, arts and cultural venues (03 April 2019).
More...
Published - articles, papers, reports
REIA news - 09 April 2019
In this issue: 2019 REIA National Awards for Excellence;
Negative Gearing and the 2019 Election; Federal Budget 2019
Overview; What Industry Stakeholders are Saying; Bendigo Bank
– Instant Home Loan Tic of Approval; Market Snapshot.
More...
Budget 2019–20
Government of Australia: 02 April 2019
The Australian Government budget sets out the economic and fiscal
outlook for Australia and includes expenditure and revenue
estimates for the current financial year, the budget year and three
forward financial years. More...
In practice and courts
Commonwealth
AHURI: What's in the 2019–20 Budget for
cities?
The recently announced 2019–20 Federal Budget
included a number of measures relating to Australian cities and
urban environments. City Deals, the Population Package and
Infrastructure Investment Program — Urban Congestion Fund are
outlined here (08 April 2019).
More...
GBCA important deadlines - Green Star certification for
your project
Many project teams have timelines set around major
events. To support this, these guidelines below (based on typical
time frames), which specify the deadlines you'll need to meet
in order to have your project certified in time for key milestones
in 2019. Deadlines are from 08 April – 04 November 2019.
More...
RICS building confidence conference, 2 May 2019
This full-day conference will look at how property
professionals can enhance public trust across the spectrum of the
built and natural environment profession.
More...
Announcements, Draft Policies and Plans released 2019
Queensland
Titles Registry: Paper certificates of title
On 26 March 2019, a Bill was passed in Parliament to amend
the Land Title Act 1994. The amendments mean that from 1
October 2019, paper certificates of title will no longer have any
legal effect (03 April 2019).
More...
Sunshine Coast planning scheme amendment
Sunshine Coast Council has adopted the Sunshine Coast
Planning Scheme 2014 Amendment No. 18 – Site Specific
(Including SEQRP Bring Forward Sites) and Operational Matters,
which amends zoning, local plan provisions and associated mapping
in the Sunshine Coast region. The amendments improve efficiency
relating to dual occupancies, secondary dwellings,
telecommunication facilities, landscape buffers, reconfiguring
lots, car parks and parking rates. For more information visit the
Sunshine Coast Council's website here.
(10 April 2019).
More...
Place names current proposals and decisions - Comment on
a proposal
Job number 18-089: Banya, Bells Creek, Corbould Park, Gagalba,
Meridan Plains, Nirimba
Closing date for comments: 26 April 2019
Land Title registry alerts: Land,
Explosives and Other Legislation Amendment Act 2019
The Land, Explosives and Other Legislation Amendment
Act 2019 (LEOLA Act 2019) which became law on 29 March 2019,
amended a number of Acts, including the Land Title Act
1994 and the Land Act 1994. The LEOLA Act 2019 is
available on the Legislation website (03 April 2019).
More...
Safer buildings combustible cladding checklist ticks
over to part 2
The Part 1 deadline elapsed on 29 March 2019, with some
buildings required to continue to Part 2. Buildings that need
further assessment following the conclusion of Part 1 will have
until 29 May 2019 to file a building industry professional report
to the QBCC.
More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA).
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. More...
Queensland environment prosecution bulletins 2019
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
DMRME consultations
Managing regulated regrowth vegetation
Closes: 6 May 2019 We are seeking feedback on the revised draft
code for managing regulated regrowth vegetation.
Review of stock route management regulation and strategy
Submissions close Friday 3 May 2019.
Department of State Development consultations
SDA
application for a material change of use in the Gladstone State
Development Area Closed 04 April 2019
Department of Environment and Science Consultations:
Environmental offsets framework discussion paper
A
discussion paper on Queensland's environmental offsets
framework has been released by the State Government, aimed at
seeking community and industry feedback on the policy's
effectiveness. While the Environmental Offsets Act 2014 proposes to
simplify and regulate the offsets framework. The review is seeking
responses in relation to five key areas. Consultation on the
discussion paper closes on 15 April 2019.
More...
Victoria
Melbourne City Council: Proposed public highway
declaration of the whole block bounded by La Trobe, Lonsdale,
Exhibition and Russell Streets, Melbourne.
Notice is given pursuant to sections 204(1), 207A and 223
of the Local Government Act 1989 (Act) that the Melbourne
City Council (Council) proposes to declare the roads shown shaded
and cross hatched on the plan below as public highways (Proposal).
The Proposal is to put the public highway status beyond doubt. All
submissions received by the Council on or before 25 April 2019 will
be considered.
More...
Melbourne City Council: Notice of proposed sale
Notice is given pursuant to sections 189 and 223 of the
Local Government Act 1989 (Act) that the Council proposes
to enter into a contract to sell part of the development located at
93 – 151 Therry Street, 452-464 Queen Street and Rear 128-130
Franklin Street Melbourne to Residential Independence Pty Ltd as
trustee for the Residential Independence Trust for the sum of
$3,500,000 plus GST for the provision of affordable housing
(Proposal). All submissions received by Council on or before 19
April 2019 will be considered.
More...
Cases
Plath & Anor v Plath [2019] QDC
42
CONTRACT OF SALE OF PROPERTY – ENFORCEMENT OF
MORTGAGE – RECOVERY OF POSSESSION – whether it was a
gift – estoppel defence – set off defence at common law
or equity – COUNTERCLAIM – damages – limitations
of actions act - Limitations of Action Act 1974 Qld ss 10(1)(a),
10(2). More...
Sunland Group Limited & Anor v Gold Coast City
Council [2019] QPEC
14
PLANNING AND ENVIRONMENT – APPLICATION –
declarations sought as to the continuing effect of infrastructure
charges conditions imposed pursuant to a preliminary approval under
s 3.1.6 of the Integrated Planning Act 1997 – did
conduct by the respondent give rise to an Infrastructure Agreement
pursuant to the Sustainable Planning Act 2009 -
Integrated Planning Act 1997 Qld; Planning Act
2016 Qld; Sustainable Planning Act 2009 Qld;
Sustainable Planning (Housing Affordability and Infrastructure
Charges Reform) Amendment Act 2011 Qld
JPJ Developments Pty Ltd v Brisbane City
Council [2019] QPEC
13
PLANNING AND ENVIRONMENT – APPLICATION –
application for joinder on an application to extend the currency
period for an existing development approval – where applicant
has no statutory right to be a party of the originating
application. Planning Act 2016 Qld; Planning and
Environment Court Act 2016 Qld; Sustainable Planning Act
2009 Qld.
Hampshire Automotive Centre Pty Ltd v Centre Com (Sunshine)
Pty Ltd [2019] VSCA
77
REAL PROPERTY – Appeal – Easements –
Easement by prescription arising from doctrine of lost modern grant
– Preliminary question – Whether consent or authority
of the head landlord is required to establish a prescriptive
easement – Whether easement can be claimed on behalf of a
head landlord who is a statutory corporation – Consent of the
head landlord not required to establish or enforce an easement by
prescription – No relevant facts relating to the creation,
use, or abandonment of the easement before the Court – No
finding made as to whether easement exists – Leave to appeal
granted – Appeal allowed – Retrial ordered.
Solar Lord Pty Ltd v Wilo Australia Pty Ltd (Civil
Claims) [2019] VCAT 478
Commercial sale of solar hot water circulation pumps to
Australian manufacturer of rooftop solar hot water systems –
subsequent high failure rate experience with these pumps when used
as part of a rooftop installation - whether goods purchased as a
"consumer" – whether the supplier of the pumps
misrepresented the suitability of its product for rooftop
installation under Australian conditions and engaged in misleading
or deceptive conduct – sections 3, 18 and 236 Australian
Consumer Law.
The Tribunal orders that Wilo Australia Pty Ltd must pay Solar Lord
Pty Ltd the sum of $49,006.55.
The Tribunal orders that Wilo Australia Pty Ltd must reimburse
Solar Lord Pty Ltd the application fee of $679.20
Miller v Yarra CC [2019] VCAT
493
Application under Section 82 of the Planning and
Environment Act 1987 (the Act) to review a decision to amend a
permit. The medical centre is operating under a permit issued in
2015. An amended permit was issued in 2015 to allow internal and
external works and internal layout changes. The current amendment
application is to allow a 'restricted recreational' use to
be used in conjunction with the medical centre, to increase the
permitted hours of use for the medical centre with the Restricted
Recreation use and to display signage.
Australian Investment & Development Pty Ltd v
Commissioner of State Revenue [2019] VSCA
69
PRACTICE AND PROCEDURE – Application for leave to
appeal from a refusal of leave to appeal from order of Victorian
Civil and Administrative Tribunal – Judge below bound to
refuse leave on basis of Court of Appeal authority – Proposed
ground of appeal that the Court of Appeal authority 'plainly
wrong' and should not be followed – Application for leave
to appeal granted – Appeal dismissed.
PRECEDENT – Court of Appeal – Departure from previous
Court of Appeal decision – Whether Court of Appeal convinced
previous decision was plainly wrong – Commissioner of State
Revenue v EHL Burgess Properties Pty Ltd (2015) 209 LGERA 314
considered.
TAXATION – Land Tax – Definition of 'greater
Melbourne' in s 64 Land Tax Act 2005 –
Definition of 'metropolitan area' in s 201 Melbourne
Metropolitan Board of Works Act 1958 as in force
immediately before repeal – Cities and Shires described in
Third Schedule of Melbourne Metropolitan Board of Works Act
1958 having ceased to exist.
STATUTORY INTERPRETATION – Principles – Context –
Ascertaining legislative intention – Relevance of legislative
history – Circumstances in which courts can read words into
statute – Construction of taxation legislation –
Interpretation of exemptions in tax legislation.
Grebe Investments Pty Ltd v Bass Coast SC (Red
Dot) [2019] VCAT 445
NATURE OF CASE Whether the Tribunal may remit a matter for
re-consideration by the decision-maker if the Tribunal does not
have jurisdiction to determine the matter
LOCATION OF PASSAGE OF INTEREST Paragraphs 8 to 13
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LEGISLATION
– interpretation or application of statutory provision;
Section 51(2) of the Victorian Civil and Administrative
Tribunal Act 1998
Legislation
Queensland
Acts
Queensland Civil and Administrative Tribunal and Other Legislation
Amendment Bill 2018
Stage reached: Passed with amendment on 3/04/2019
Assent Date: 11/04/2019 Act No: 12 of 2019 Commences: by
Proclamation
An Act to amend the Fair Trading Act 1989, the Motor Dealer s
and Chattel Auctioneers Act 2014, the Queensland Civil and
Administrative Tribunal Act 2009 and the Residential Tenancies
and Rooming Accommodation Act 2008 for particular purposes
Subordinate legislation as made
No 45
Disaster Management (Extension of Far North Disaster District)
Amendment Regulation 2019 05 April 2019
No 46
Electrical Safety (Solar Farms) Amendment Regulation 2019 05
April 2019
No 47
Electrical Safety (Codes of Practice) and Other Legislation (Solar
Farms) Amendment Notice 2019 09 April 2019
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.