In the media
Commonwealth
CSIRO opens up new housing portal
The Commonwealth Scientific and Industrial Research
Organisation (CSIRO) has launched a new data
portal to centralise information relating to Australian homes as
part of a program to make them more energy efficient (26 April
2019).
More...
Few mortgage surprises as fixed rate demand falls
Demand for fixed rate home loans fell in March as
borrowers react to uncertain housing market conditions, new
mortgage data reveals (26 April 2019).
More...
How can Australian commercial real estate defend its
number one rank for global sustainability?
While Australian real estate is making impressive inroads
in green recruitment, office design and data lake adoption, further
investment in building performance analytics is necessary to ensure
we remain number one in commercial real estate sustainability (24
April 2019).
More...
ATO to scrutinise property investor claims
The Tax Office has warned that it will be scrutinising
claims by property investors in the upcoming tax season. As part of
its crackdown, the Tax Office's focus will be on
"over-claimed interest, capital works claimed as repairs,
incorrect apportionment of expenses for holiday homes let out to
others, and omitted income from accommodation sharing" (24
April 2019).
More...
Debugging Watergate: Interpreting official
responses
The Australia Institute has released analysis of official
responses to the Watergate scandal surrounding Murray Darling water
purchases, covered by The Project, Guardian and other outlets. The
analysis finds that official responses are misleading and in some
cases incorrect (21 April 2019).
More...
Australia's current building compliance issues
With the Lacrosse fire in Melbourne, the Opal Tower
scenario in Sydney, along with other fires and building safety and
defect issues in buildings in Australia and overseas, it is
increasingly becoming clear that prior to the drama occurring, the
problems or potential problems with the building were known (18
April 2019).
More...
Tax office to double audits of dodgy rental
deductions
Rental property owners are being warned to ensure their
claims are correct this tax time, as the Australian Taxation Office
(ATO) announces it will double the number of
audits scrutinising rental deductions (18 April 2019).
More...
Energy efficient social and affordable homes for Hoxton
Park Road
The CEFC is pleased to have financed SGCH's latest
7-star NatHERS apartment complex which demonstrates how clean
energy initiatives can have long-term benefits for social housing
tenants (17 April 2019).
More...
Built environment can drive energy efficiency
gains
Greater energy efficiency gains in the built environment
is the big opportunity hiding in plain sight to help Australia meet
its emissions reduction targets and cut energy costs for households
and businesses. The Property Council of Australia has called for an
affordable and sustainable energy road map as part of its 2019
federal election platform (17 April 2019).
More...
Queensland's property developer donation ban is
valid
The High Court has ruled Queensland laws banning property
developers from donating to political parties and candidates are
valid. The Palaszczuk Labor government passed laws last year,
backdated until before the 2017 Queensland election, banning
property developers from donating money to state and local
government politicians, candidates and parties (17 April 2019).
More...
NSW
'This changes everything': System displays new
DAs in real-time
The public will now be able to view a development
application less than a day after it is lodged with a local
council, rather than having to wait six to 18 months. The
government has been trialling a new online tool called ePlanning,
which requires homeowners and developers to submit DAs online (22
April 2019).
More...
The only way is up for retailing in the city
fringe
The limited space for sprawling retail sites in
Sydney's fringe suburbs has led developers to offer vertical
retailing alternatives (20 April 2019).
More...
Victoria
New deal to reduce emissions and keep water
affordable
Thirteen of Victoria's water corporations have
partnered to purchase clean energy from the Kiamal Solar Farm in
north-west Victoria. The innovative venture is the first of its
kind for Australia's water sector and will operate under a new
organisation called Zero Emissions Water Ltd (ZEW)
(23 April 2019).
More...
Charter Hall lodges plans for $1.5bn Collins Street
development
Charter Hall has lodged plans for its mammoth development,
a $1.5 billion twin tower premium office project in Melbourne's
CBD (19 April 2019).
More...
Coolaroo glass recovery company ordered to stop
accepting combustible recyclable waste
Environment Protection Authority Victoria
(EPA) has issued a Coolaroo company with a notice
that requires it to cease accepting combustible recyclable waste at
its site until its stockpiles comply with the Victorian Waste
Management Policy (15 April 2019).
More...
Queensland
Seymour Group wins approval for Broadbeach project
Private developer Seymour Group has unveiled its debut
into the Gold Coast market with a $32 million residential
development in Broadbeach (24 April 2019).
More...
EAA purchases
The Queensland Government expressed its support of a
potential purchase of EAA properties in 2015, acknowledging that it
represented a significant opportunity to make substantial progress
towards achieving water recovery targets (24 April 2019).
More...
Now law: Landholders to be reimbursed during
negotiations
Queensland landholders can be reimbursed for out of pocket
expenses incurred in negotiating conduct and compensation
agreements with a resource company - as of 19 April 19 - regardless
of whether or not an agreement is reached (19 April 2019).
More...
Developer reduces Gold Coast skyscraper by
17-storeys
Changing market conditions has prompted a Gold Coast
developer to slash 46 apartments from its permit-approved Main
Beach skyscraper (17 April 2019).
More...
Published – articles, papers, reports
NABERS strategic plan
NABERS five-year strategic plan following a successful
consultation period and endorsement by the NABERS Steering
Committee (18 April 2019). More...
In practice and courts
Commonwealth
ABA Code and Clause 90 update
The ABA has committed to getting the planned amendments
approved ahead of commencement of the Code on 1 July and will now
seek ASIC's approval of the changes to paragraph 90 and Chapter
24 of the Code. In relation to the proposed changes to wording in
Valuation Reports going forward, the API recommendations have been
outlined here
(17 April 2019).
API Member alert: Update to the CoreLogic 'Valuer
Data Processing and Security Terms' – Do not sign
advice
This alert is directed to those Valuer Members and their
Corporate Employers who undertake mortgage valuations via the
ValEx/CoreLogic system. It is an update to previous alerts on this
topic releases by the API on 11 March and 28 March 2019 (April
2019).
More...
Victoria
Announcements, Draft Policies and Plans released 2019
Complex land transfer transactions to be managed
online
Land Use Victoria has mandated that complex land transfer
transactions, currently managed via paper settlement, must be
lodged and managed online from August 2019. This applies to
conveyancers and lawyers acting for a party or for themselves.
Duties Online enhancements, which are scheduled to take effect from 17 June 2019, will: lower administration costs; improve settlement completion rates; mean duty is calculated prior to settlement; increase data security; ensure information is viewed and agreed to by all parties before settlement.
DELWP / EPA Council planner forums - Geelong 8 May
2019
The Department of Environment, Land, Water and Planning
(DELWP) and Environment Protection Authority
Victoria (EPA) are holding a series of
professional development forums for statutory and strategic
planners and other local government staff to provide an update on
the delivery of the Government's environment protection reform
agenda, to demonstrate new data tools and to seek feedback on key
planning reform projects.
More...
Queensland
Land title practice manual updates 2019
The land title practice manual is updated periodically.
More...
Land title practice manual reminder: Paper certificates
of title are changing
The way in which the Titles Registry deals with paper
certificates of title (paper CTs) is changing. As
of 1st October 2019, paper CTs will no longer have any legal
effect. From 1st October 2019, there will no longer be the option
to lodge a Form 19 - Application for certificate of title.
Similarly, a Form 17 – Request to Dispense (with production
of a CT) will become redundant as of 1st October 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...
Cases
Victoria
The Edge Development Group Pty Ltd v Jack Road Investments
Pty Ltd [2019] VSCA
91
CONTRACT – Formation – Sale of land –
Letter of offer signed by parties – Parties agreed to adopt
vendor's standard contract of sale – 1 per cent of
contract price payable on signing offer, balance of 20 per cent
deposit on execution of contracts – Purchaser to have access
to premises under licence on execution of contract – Terms
confidential until execution of contract – No vendor's
statement provided – Condition in letter of offer that
'offer is subject to the contract being executed' –
Whether offer subject to letter being signed or to future contract
of sale – Whether signed letter of offer binding –
Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353,
applied – Molonglo Group (Aust) Pty Ltd v Cahill
[2018] VSCA 147, considered – Sale of Land Act 1962,
s 32 – Relevance of post-signature conduct or negotiations
– Nurisvan Investment Ltd v Anyoption Holdings Ltd
[2017] VSCA 141, applied.
Keo Waleta Property Pty Ltd v 1693 Malvern Road Pty
Ltd [2019] VSC 239
CONTRACTS – Construction and Interpretation –
Joint venture relationship in respect of the development of a
property – Parties entered into an agreement to end
relationship – Construction of payment mechanism under the
agreement – Principles in Ecosse Property Holdings Pty
Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12; (2017) 261 CLR
544 for interpretation of a commercial contract applied.
Plunkett v Roads Corporation (No 2)
[2019] VSC 230
COSTS – Determination of separate question under r
47.04, Supreme Court (General Civil Procedure) Rules 2015 –
Whether s 91, Land Acquisition and Compensation Act 1986
creates a presumption as to costs – Respondent the successful
party on the separate question – Whether costs should follow
the event – Where parties consented to hearing and
determination of separate question for case management purposes
– Appropriate order is costs in the proceeding –
Land Acquisition and Compensation Act 1986 (Vic), s
91.
Moneta Finance Pty Ltd v Pakenham Racing Club
Inc [2019] VSC 207
CONTRACT – Sale of properties – Real estate
agent – Sale authorities – Estate Agents Act
1980 – Justice Legislation Miscellaneous Amendment Bill
2018 – No agreed commission or commission rate for price
below threshold – Whether a Binding Offer or Sale –
Whether individuals acting as agent's representatives –
Contracts subject to purchaser being acceptable to the vendor's
banker – Condition subsequent not satisfied – No
admission of indebtedness – Electricity Generation
Corporation v Woodside Energy Ltd (2014) 251 CLR 640 –
Estate Agents Act 1980 ss 47, 48A, 49A, 50, 104.
Okil and Rajput v Lu and Turner (Building and
Property) [2019] VCAT
525
Retail lease – landlord terminated lease and
re-entered possession – breach of lease –
misrepresentation, unconscionable conduct – claim for
outstanding rent and outgoings – s77 of the Retail Leases
Act 2003 – s18 and s236 of Australian Consumer Law. Jing
Lu and Brett Turner must pay Arif Okil and Raheel Ahmed Rajput the
sum of $37,123.
Brondolino v Surf Coast Smash Masters Pty Ltd (Building and
Property) [2019] VCAT 538
Retail Leases Act 2003 (Vic) – Notice of
Termination of Lease, whether tenant in breach – whether
landlord entitled to possession – premises not fit for the
permitted use following flooding – landlord's obligation
to maintain premises – whether tenant entitled to
reimbursement of rent and outgoings paid. Anthony Paul Brondolino
must pay Surf Coast Smash Masters Pty Ltd $37,196.39.
Queensland
Lennium Group Pty Ltd v Brisbane City Council &
Ors [2019] QPEC 17
PLANNING AND ENVIRONMENT – APPEAL – where the
appellant seeks approval for a three storey unit complex with 30
units on part of the Yeronga Bowls Club – where the land is
in the sport and recreation zone – where the land is
protected as a local heritage place – where the Council
refused the development application – whether the impact of
the proposed development on the cultural heritage significance of
Yeronga Bowls Club is acceptable – whether the land is still
required for sport and recreation uses or community facilities
– whether the proposed development will have an unacceptable
stormwater impact – whether there are grounds that justify
approval of the development application despite conflict with City
Plan 2014.
A & GC Lee Pty Ltd v Collier & Anor (No.
2) [2019] QCAT 96
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – where costs to be awarded under the
Queensland Civil and Administrative Tribunal Act 2009
(Qld) – where tribunal had no jurisdiction to hear and decide
dispute as a result of applicant's failure to comply with the
Retail Shop Leases Act 1994 (Qld) – consideration of
s 102(1) of the Queensland Civil and Administrative Tribunal
Act 2009 (Qld) – whether interests of justice require an
order for costs to be paid – where parties self-represented
– consideration of recoverable outlays – whether travel
expenses recoverable.
Cases to 23 April 2019
Spoor & Ors v Price & Ors
[2019] QSC 53
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – LIMITATION OF ACTIONS – MORTGAGES –
RECOVERY OF POSSESSION BY MORTGAGEE – where the defendants
mortgaged land as security for a loan from the plaintiff –
where the defendants failed to repay monies owing under the
mortgages – where the plaintiff claimed monies due and
recovery of possession under mortgages – where defendants
pleaded ss 10, 13 and 26 of Limitation of Actions Act 1974
(Qld) – where the plaintiff in reply to the defences relied
on a clause of the mortgage as excluding the operation of the
Limitation of Actions Act – whether it is possible to
contract out of the Limitation of Actions Act – whether s 24
of the Limitation of Actions Act does more than bar a remedy but
extinguishes title
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – whether the
relevant clause was ambiguous – where regard can be properly
had to the contra proferentum rule – whether the plaintiffs
are entitled for recovery of possession.
Land Title Act 1994 Qld s 74; Limitation of Actions
Act 1974 Qld s 5, s 10, s 13, s 24 and s 26
Property Law Act 1974 Qld s 84; Real Property Act 1861 Qld
s 60.
Deimel v Phelps & Anor (No 2)
[2019] QLC 21
PROCEDURE – COSTS – JURISDICTION – where
the Land Court made determinations as to compensation for resource
tenures – where s 34 of the Land Court Act 2000
applies – where s 281(7) of the Mineral Resources Act
1989 applies – where the considerations under both
statutes are essentially the same – where the Land Court has
a discretion – where the respondents claim costs of
professional fees as outlays.
Legislation
Victoria
Owners Corporations and Other Acts Amendment Bill –
Exposure draft
The Bill represents an opportunity to update and modernise
the Owners Corporations Act 2006, which has not been
substantially reformed since it commenced in 2007. Public
submissions are open until 10 May 2019.
Victorian legislation can be accessed here.
Queensland
Bills updated in the last week
Natural
Resources and Other Legislation Amendment Bill 2019
Stage reached: Report from Committee on 18/04/2019
Mineral Resources (Galilee Basin) Amendment Bill 2018
Stage reached: Report from Committee on 18/04/2019
Subordinate legislation as made – 19 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.