In the media
Commonwealth
RBA flags cut to interest rates
The Reserve Bank has signalled it may have to cut interest
rates to historic lows next month to prevent unemployment rising,
and regulators have proposed loosening lending restrictions and
alter the serviceability hurdle rate to allow home-buyers to borrow
more, suggesting an injection in the offing for the housing market
and economy (22 May 2019).
More...
First home buyer market primed for growth: Report
Nationally, first home buyer activity declined 5.8 per
cent over the 12 months to December 2018, while softening markets
in New South Wales and Victoria saw first home buyer activity
increase by 2.6 per cent and one per cent respectively, according
to the latest PRDnationwide report (22 May 2019).
More...
Property Council of Australia: APRA review of mortgage
lending guidance
The Property Council of Australia has welcomed APRA's
announcement of a review of its residential mortgage lending
guidance, including the possible removal of the seven per cent
minimum interest rate floor (21 May 2019).
More...
APRA proposes amending guidance on mortgage
lending
In a letter to ADIs issued last month, APRA has proposed
removing its guidance that ADIs should assess whether borrowers can
afford their repayment obligations using a minimum interest rate of
at least seven per cent. Instead, ADIs would be permitted to review
and set their own minimum interest rate floor for use in
serviceability assessments (21 May 2019).
More...
Call to relocate population-crunched Aus cities
A city planning expert has called on the government to
follow the lead of some Asian countries and consider relocating
Australia's most population-slammed cities to ease urban
congestion. This includes giving serious consideration to
relocating major cities or building brand new tech-powered
metropolises (20 May 2019).
More...
NSW
Greater Sydney housing supply forecast: 191,550 new
homes by 2023
Construction of 191,550 new homes in Greater Sydney is
forecast in the next five years, a 22 per cent increase, or an
extra 34,300 new homes, with Parramatta anticipated to become home
to a vast majority of them (23 May 2019).
More...
Victoria
Getting on with the Western Rail Plan
The Andrews Labor Government is keeping its promise and
getting on with the vital planning needed to deliver fast rail to
the regions and more metro services to our growing suburbs (24 May
2019).
More...
Major expansion approved for Westfield Doncaster
Minister for Planning Richard Wynne gave the stamp of
approval for the $500 million redevelopment at Westfield Doncaster.
This will provide an additional 43,000 square metres of retail and
18,000 square metres of commercial office space (20 May 2019).
More...
Proposed vision to revitalise Elizabeth Street
Elizabeth Street would become a safer, greener and more
people friendly gateway to Melbourne's retail and commercial
heart under a proposal to be considered by City of Melbourne
Councillors (16 May 2019).
More...
Getting on with the Melbourne Park redevelopment
The Victorian Government is getting on with the $271.55
million Stage 3 redevelopment of Melbourne Park, with Lendlease
appointed to manage delivery of the major project (16 May 2019).
More...
From plan to place: Shaping the future of Fishermans
Bend's precincts
Fishermans Bend is Australia's largest urban renewal
project covering approximately 480 hectares in the heart of
Melbourne. The transformation of Fishermans Bend is guided by the
Fishermans Bend Framework (14 May 2019).
More...
Major investments in Melbourne's parks, waste and
water
The City of Melbourne will invest more than $19.1 million
in capital works projects over the coming year to respond to the
impacts of climate change, manage our parklands and urban forests,
and conserve and recycle water (14 May 2019 ).
More...
Queensland
Government signs off on Sunland's Gold Coast
marina
The state government has overturned regulation blocking
extensions to Sunland's $82 million masterplan community at
Benowa's Royal Pines Marina on the Gold Coast (23 May 2019).
More...
Have your say on cultural heritage legislation
Indigenous communities and industry stakeholders are being
encouraged to have their say on Queensland's cultural heritage
legislation (23 May 2019).
More...
New development, Capestone Village, spurs monorail
wishes from public
News of a retail development at Capestone has been met
with guarded optimism by business leaders and drawn extravagant
wishes from the public. Capestone Village, an 1800sqm retail
complex at Mango Hill, is scheduled to open by the end of next year
(21 May 2019).
More...
Coordinator-General to set Adani timeline
Premier Annastacia Palaszczuk has instructed the
Coordinator-General to set a timetable for the resolution of two
outstanding approvals for Adani's proposed Carmichael mine (22
May 2019).
More...
Opposition urges Brisbane City Council to speed up the
go-slow
New go-slow zones through Brisbane's suburban retail
and shopping precincts do not go far enough, according to the
council opposition. Brisbane City Council on Monday announced two
new 40km/h zones on retail strips on Oxley Road at Corinda and on
Old Cleveland Road at Stones Corner (20 May 2019).
More...
The luxury hotel boom preparing Brisbane for a tourism
shift
In 2014 the council offered an infrastructure charge
reduction for any four- or five-star hotels that committed to the
city. Cr Adams said Brisbane had already seen some major
conventions arrive in the city, when previously they might have
gone to Sydney or Melbourne (18 May 2019).
More...
ScoMo's court bill costs taxpayers hundreds of
thousands
Mrs D'Ath said the High Court's reasons showed how
the LNP at State and Federal levels tried to work together to line
their coffers and keep their donations secret by not just
attempting to overrule Queensland's developer donations'
ban, but $1000 thresholds and real-time disclosure. (16 May 2019).
More...
Safer Buildings Program deadlines extended
The Queensland Government has announced an extension to
the compliance period for the next stages of its Safer Buildings
Program, to give property owners and bodies corporate greater time
to identify buildings that may have potentially combustible
cladding (16 May 2019).
More...
Published – articles, papers, reports
REIA News – 23 May 2019
In this issue: Federal Election 2019; Fact sheets for
foreign investors of Australian residential real estate.
More...
The business case for social housing as
infrastructure
Todd Denham, Jago Dodson, Julie Lawson
Australian Housing and Urban Research Institute: 15 May 2019
This research investigated frameworks for funding social housing as
infrastructure, including cost-benefit analysis and alternatives
such as 'avoided cost' and 'housing adjusted life
years', to develop stronger analytical methods. More...
In practice and courts
Commonwealth
AHURI: Research Agenda 2020 announced
AHURI has released the research topics for the 2020
National Housing Research Program (NHRP) agenda
which will contribute to the growing evidence-base in the housing,
homelessness, cities, urban policy fields (13 May 2019).
More...
Announcements, Draft Policies and Plans released 2019
Queensland
QLS: New duty exemption—section 141A
Duties Act 2001
QLS is aware of some uncertainty around the operation of a
new duty exemption regarding the mandatory buyback of an interest
in a retirement village in the new section 141A of the Duties Act
2001. The new exemption was inserted by the Health and Other
Legislation Amendment Act 2019. Members should consider the
provisions relating to the exemption and whether this is relevant
to their client's matters. QLS is seeking clarification from
the Office of State Revenue about the operation of this exemption
(22 May 2019).
Land Title practice manual reminder: Paper certificates
of Title are changing
Please be aware that 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...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
Cases
Victoria
Andrews and Morrisy Developments Pty Ltd v Port Phillip
City Council & Ors [2019] VSC
337
TOWN PLANNING – Application for leave to appeal
pursuant to s 148 of the Victorian Civil and Administrative
Tribunal Act 1998 – Effect of transitional exemption in
planning scheme related to mandatory height control – No
implication of words going beyond literal meaning – No
exclusion of purpose of zone as a consideration relevant to the
grant of a permit – Application refused.
Jafari v 23 Developments Pty Ltd
[2019] VSC 333
PRACTICE AND PROCEDURE – Execution – Garnishee
summons – Garnishee summons issued in respect of a debt that
will or is likely to become due or accrue to the judgement debtor
between the day an order for the filing and service of a garnishee
summons is made and the day for hearing named in the summons
– Whether at the date of the hearing the debt had become due
or was accruing to the judgement debtor from the garnishee –
No debt due or accruing to the judgement debtor as no sum certain
due or accruing –– Construction of Order 71 of the
Supreme Court (General Civil Procedure) Rules 2015 (Vic).
Ran Bi v Yingde Investments Pty Ltd
[2019] VSC 324
REAL PROPERTY – Purchaser executed binding
nominations that nominated a third party as purchaser under land
contracts – Whether there was an oral agreement to terminate
the nominations.
CONTRACT – Whether agreement to terminate a joint venture was
in writing; or partly in writing and partly oral.
EVIDENCE – Whether oral evidence admissible to determine
whether agreement to terminate a joint venture was in writing; or
partly in writing and partly oral.
Demetrios v Lehmann [2019] VSC
301
PRACTICE AND PROCEDURE – Application to dismiss or
strike out defendant's proportionate liability defence –
Trespass – Whether 'failure to take reasonable care'
has to be an element of the cause of action for the claim to be
apportionable – Unsettled point of law – Inappropriate
to summarily dismiss or strike out – Rules 23.01 and 23.02 of
the Supreme Court (General Civil Procedure) Rules 2015 –
Wrongs Act 1958 (Vic), Part IVAA – Corporations
Act 2001 (Cth), s 1041L –In this proceeding, the
plaintiffs' claim against the defendant is one of trespass to
land, in that the defendant has constructed her house partly on the
plaintiffs' land and has permitted it to intrude into the
airspace. The relief sought by the plaintiffs in the proceeding is
an order that the defendant remove the encroachment, engage in no
further trespass, and damages.
Quick v Lam-Ly Pty Ltd [2019] VSCA
111
PRACTICE AND PROCEDURE – Stay – Applicant
unsuccessful at VCAT – VCAT orders stayed pending application
for leave to appeal to Trial Division – Appeal to Trial
Division dismissed – Application to Court of Appeal for leave
to appeal from Trial Division – Subsequent granting of ex
parte order by VCAT staying VCAT's original order –
Whether appropriate for VCAT to grant stay after appeal from VCAT
to Trial Division dismissed – Whether applicant has arguable
ground of appeal – Whether stay granted by VCAT should be
continued – Stay terminated. Tenancy agreements
Owners Corporation 4 PS5398033E v Bensons Property Group
Pty Ltd (Owners Corporations) [2019] VCAT
652
Ballot for special resolutions authorising the bringing of
the proceeding – notice that interim special resolutions had
become special resolutions – lot owner challenges the result
– whether the result is amenable to challenge –
Owners Corporations Act 2006 s 18(1).
Co-owners – ballot form signed by one co-owner only –
whether the non-voting co-owner must authorise the voting co-owner
to be a proxy – Owners Corporations Act 2006 s
87.
Ambiguous ballot form – whether chairperson may enquire of
voter as to intention – whether chairperson was "functus
officio".
Notice of second ballot – whether 14 days' notice given
– Owners Corporations Act 2006 s 85(1).
Second ballot – applicants' solicitors contact voters
whose votes were invalid – ballot forms re-submitted –
whether voter may change a vote before the ballot closes.
Ratification – second ballot ratifies decision by one
applicant to bring the proceeding.
MG Pastoral Pty Ltd v Surf Coast SC
[2019] VCAT 502
Surf Coast planning scheme; section 77 the Planning
and Environment Act 1987; proposed service station and camping
& caravan park; updated plans making food offerings smaller;
proposal not supported by Council but taken on review to the
Tribunal; CFA and Vic Roads do not object to the proposal; Tribunal
oral finding that the 'landscape character', bushfire risk
and traffic aspects of the proposal are acceptable; Tribunal
reserving its decision on the remaining matters of the
'strategic support' for the proposal; and (more by way of
permit conditions) the proposed signage; permit approved.
Katranis v Bahrou & D'Azzena
[2019] VCC 602
LANDLORD AND TENANT : Refusal by landlord to allow tenant
to recover chattels after termination of lease – no right to
distress for rent – conversion of chattels – value of
chattels converted – calculation of interest on damages for
conversion. Supreme Court Act 1986 (Vic), s59
Re Castlerea Carpenters Pty Ltd
[2019] VSC 303
PROPERTY LAW – Order for modification of a
restrictive covenant made and authenticated – Court
subsequently alerted by a third party to an earlier failed
application in respect of the same land – Whether order for
modification can be re-opened of the Court's own motion –
Held: no. Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR
529 and Burrell v R [2008] HCA 34; (2008) 238 CLR 218
applied.
PRACTICE AND PROCEDURE – Obligation of full and fair
disclosure at an ex parte hearing – Whether this obligation
applies at the initial hearing of an application for modification
of a restrictive covenant – Garrard and ors v Email
Furniture Pty Ltd (1993) 32 NSWLR 662; Redwin Industries
Pty Ltd v Feetsafe Pty Ltd [2002] VSC 427; Savcor Pty Ltd
v Cathodic Protection International APS [2005] VSCA 213;
(2005) 12 VR 639 considered and observations made.
PRACTICE AND PROCEDURE – Overarching obligation not to engage
in conduct that is misleading or deceptive or likely to mislead or
deceive – Whether Court has jurisdiction to enquire of its
own motion into potential breach of the obligation after proceeding
concluded – Held: no – Civil Procedure Act
2010 (Vic) ss 21, 29, 30, 31.
LEGAL PRACTITIONERS – Obligations to the Court –
Earlier application not disclosed by practitioners for the
plaintiff – Inherent jurisdiction of the Court to enquire
into breach of an obligation to the Court – Whether that
jurisdiction enlivened – Held: no.
Queensland
O'Neill v Commissioner for State Revenue
[2019] QCAT 132
TAXES AND DUTIES – LAND TAX – LIABILITY FOR
LAND TAX – OTHER MATTERS – objections and appeals to
land tax – Exemption as a Primary Producer – Cattle
raising and bee keeping – business or hobby – failure
to keep records Land Tax Act 2010 Qld
Gorring v Uptempo Concepts Pty Ltd & Anor
[2019] QCAT 128
LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENTS
– COVENANTS – AS TO REPAIR – where express
exclusions on lessee's repair obligations – whether
creates an obligation on lessor – whether the implied
covenant for quite enjoyment extends to repair and maintenance by a
lessor.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COURT SUPERVISION – COSTS – RECOVERY COSTS
– where lease contains special conditions indemnifying lessor
against claims and expenses – whether costs payable on an
indemnity basis. Retail Shop Leases Act 1994 Qld ss 42,
43; Queensland Civil and Administrative Tribunal Act 2009
Qld ss 100, 103
Coleman v Penfold [2019] QCA
98
REAL PROPERTY – PARTITION OF LAND – STATUTORY
TRUST FOR SALE OR PARTITION – DISCRETION IN RELATION TO
ORDERS – where the appellant and respondent are co-owners of
a house – where the learned primary judge granted the
respondent's application for an order under s 38 of the
Property Law Act 1974 (Qld) appointing statutory trustees
for sale of the house – where the respondent was
unrepresented at the hearing of the application – where the
appellant sought an adjournment of the application to obtain legal
advice and also due to medical issues – whether the primary
judge erred in the exercise of the discretion not to adjourn the
hearing of the application and therefore in granting the
respondent's application
Sunshine Coast Regional Council v D Agostini Property Pty
Ltd & Ors [2019] QPEC
19
PLANNING AND ENVIRONMENT – APPLICATION – where
there is a dispute about the use of residential allotments –
where the applicant and represented respondents seek orders
directed towards the determination of the dispute but are unable to
agree on the form of such orders – whether lots can be used
only for temporary accommodation – where determination
involves interpretation of a clause in the Development
Approval
Planning and Environment Court Act 2016 Qld s 11; Planning
and Environment Court Rules 2018 Qld r 8(1)
Moramou2 Pty Ltd v Brisbane City Council (No
2) [2019] QPEC 22
PLANNING AND ENVIRONMENT – APPEAL – COSTS
– appeal against enforcement notice – whether the
discretion of the court to make an order for costs has been
enlivened because of the respondent being frivolous or vexatious,
an adjournment was necessary as a consequence of the introduction
of new material; and it not properly discharging its
responsibilities in the proceeding. Planning and Environment Court
Act 2016 Qld
Cases to 20 May 2019
Fraser Coast Regional Council v Zacka &
Ors [2019] QPEC 21
PLANNING AND ENVIRONMENT – APPLICATION –
applications in pending proceeding – where the substantive
proceeding seeks enforcement orders under the Integrated
Planning Act 1997 – where the enforcement orders relate
to alleged unlawful operational work being bulk earthworks and
alleged unlawful tidal works by the respondents – where the
respondents rely on discretionary reasons to avoid the relief
sought – where the discretionary reasons contain allegations
that BGM Projects Pty Ltd made representations that the Council
ought to have known were not correct – where the Council
applied for an order that BGM Projects Pty Ltd be included as a
party – where the Council applied to have this proceeding
heard together with Application No. 2312 of 2018, being a
proceeding for enforcement orders commenced by BGM Projects Pty Ltd
– whether the presence of BGM Projects Pty Ltd is necessary
to enable the court to adjudicate effectively and completely on all
matters in dispute in the proceeding – whether the presence
of BGM Projects Pty Ltd would be desirable, just and convenient to
enable the court to adjudicate effectively and completely on all
matters in dispute in the proceeding - whether the proceedings
should be heard together with the enforcement proceedings commenced
by BGM Projects Pty Ltd
Planning and Environment Court Rules 2018 Qld r 4
Legislation
Queensland
Bills Updated
Natural
Resources and Other Legislation Amendment Bill 2019
Introduced by: Hon A Lynham MP on 26/02/2019
Stage reached: Passed with amendment on 15/05/2019
Subordinate legislation as made – 24 May 2019
No 80
Natural Resources, Mines and Energy Legislation (Fees) Amendment
Regulation 2019
No 81
Proclamation No. 4—Housing Legislation (Building Better
Futures) Amendment Act 2017 (commencing certain
provisions)
No 82
Manufactured Homes (Residential Parks) Amendment Regulation
2019
No 83
Building (Cladding) Amendment Regulation 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.