In the media
Commonwealth
Ghost shops haunt new apartment blocks as 'perfect
storm' hits suburban retailers
An expansion in so-called 'hard-top' shopping
centres and 'big box' retailers has taken anchor tenants -
plus cash and other tenants - from smaller centres and shopping
strips. Massive apartment developments on, and on the periphery of,
the strip have added thousands of residents. But it has not stopped
a slow rise in vacancy rates (06 June 2019).
More...
Australia's new rail projects will deliver $28b+ in
property development: CBRE
Real estate developments near rail projects will reach at
least $28 billion over the next decade in Australia, according to
new research (05 June 2019).
More...
Property cooling has wider implications, says HIA
Analysis of new data from the Australian Bureau of
Statistics has found that a slowdown in housing approvals is being
felt in the economy at large. Data from the Australian Bureau of
Statistics has shown that housing approvals have declined, with
approvals for new dwellings for April declining by 0.6 of a
percentage point (04 June 2019).
More...
LandMark White requests new trading halt after banks
pull the plug
Embattled valuer LandMark White has requested its second
trading halt in five months after being suspended by its banking
clients (04 June 2019).
More...
LandMark White under pressure as industry body hits
back
The Australian Property Institute has hit back at its
member, LandMark White, saying the latest data security leak is an
internal corporate failure, not industry wide (03 June 2019).
More...
Developers seek non bank finance amid lower
presales
Tighter finance conditions and less investor activity in
the market continues to challenge developers as the retreat of
major banks from commercial real estate lending gives way to a rise
in demand for alternative lending (03 June 2019).
More...
RICS: The case for a global fire safety standard
Questions are now being raised about whether it's time
to establish a global set of fire safety standards for built
environment professionals and what a standardisation of this scale
would look like in practice (30 May 2019).
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NSW
RBA rate cut gives confidence to the housing sector
– NSW Government must add support
The housing sector in NSW and particularly in Sydney has
been struggling over recent months." says Urban Taskforce CEO
Chris Johnson. "House prices in Sydney have been dropping and
this has constrained spending and kept potential purchasers out of
the market." (04 June 2019).
More...
Victoria
If it's voluntary for developers to make affordable
housing deals with councils, what can you expect?
In contrast, the state of Victoria has very few
regulations that encourage or enforce affordable housing or other
community benefits in return for development permissions.
Victoria's plan for negotiations Local councils can now ask for
affordable housing as part of planning approval processes (07 June
2019).
More...
Plan to link and protect Melbourne's urban
forests
A bold new plan to improve the connectivity and extent of
greater Melbourne's urban forests has been launched to mark
World Environment Day 2019. Living Melbourne has been formally
endorsed by 41 organisations, including the City of Melbourne (05
June 2019).
More...
Mirvac pounces on Queen Victoria Market site in
build-to-rent bid
Property giant Mirvac will transform a key site next to
the historic Queen Victoria Market into Melbourne's first
build-to-rent complex after striking a deal with developer PDG
Corporation (03 June 2019).
More...
What you need to know about Victoria's stamp duty
changes
In an effort to fill the $5.2 billion shortfall left by
dwindling stamp duty receipts in a falling property market, the
Victorian government has re-written tax on development agreements
and, in doing so, widened the pool of who can be taxed (03 June
2019).
More...
Strengthening Victoria's recycling industry
The Andrews Labor Government is tackling the challenges
facing the recycling industry and helping to reduce plastic
pollution with a new $34.9 million package of recycling reforms. A
further review of the Landfill Levy will consider the current and
future effectiveness as an economic instrument for influencing
waste management practices, including reducing waste to landfill
(02 June 2019).
More...
Strong growth in Melbourne's commercial property
market stretches to the horizon
In the past 10 years, a gross average of 120,000 square
metres of new office supply has been added to Melbourne's
market each year, predominantly in Docklands. And this space has
not been sitting empty: Melbourne has had the highest net
absorption of any state capital in the past three years, at 309,000
square metres, Knight Frank data shows (31 May 2019).
More...
Queensland
Cbus property plans $600m North Quay tower
Cbus Property will partner with local Brisbane developer
Nielson Properties to deliver a $600 million riverfront commercial
building in the city's CBD (06 June 2019).
More...
PCA: Townhouse TLPI refused
The State Government has rejected Brisbane City
Council's Temporary Local Planning Instrument
(TLPI) aimed at restricting townhouse development
and has instead placed consultation conditions on Council
progressing its Major Amendment Package H (31 May 2019).
More...
A breach of trust - agent sentenced to three months'
imprisonment, wholly suspended, and permanently disqualified from
the industry
Former Shailer Park and Gold Coast real estate agent
Robert Ian Campbell was convicted in the Beenleigh Magistrates
court after being charged by the Office of Fair Trading
(OFT) for misusing clients' trust account
money (31 May 2019).
More...
Gladstone solar farm charges ahead with major
milestone
Gladstone is closer to hosting one million solar panels
with the independent Coordinator-General approving a development
application for a 762-hectare solar farm in the city's State
Development Area (SDA), subject to conditions (29
May 2019).
More...
Gladstone solar farm generates manufacturing job
opportunities
The Department of State Development has approved Acciona
Energy's proposed 762-hectare Aldoga solar farm in Gladstone,
Queensland. Acciona Energy signed a 30-year agreement in April 2018
with the Queensland Government to lease its land for the Aldoga
renewable energy project (29 May 2019).
More...
Spit master plan delivers $145 million investment for
the Gold Coast
The Queensland Government has joined with Village Roadshow
and the City of Gold Coast to announce a $145 million investment in
the future of The Spit (28 May 2019). More....
Developers, government and council ink $1.2bn
infrastructure deal
A $1.2 billion deal to secure the infrastructure needs of
two priority development areas over the next 45 years has been made
between Queensland government, Logan City council and nine property
developers (28 May 2019).
More...
In practice and courts
Commonwealt
API: Opinion shopping for valuation metrics
In response to 'opinion shopping' for valuation
metrics, the Australian Valuation Standards Committee
(AVSC) regards requests of these types as
inappropriate and recommends that Members do not comply with
provision of the requested information. The AVSC reminds Members
that the respective International Valuation Standards 2017
(IVS) and API Code of Professional Conduct protect
the interests of the public and the industry (05 June 2019).
More...
API: Risk rating to be assigned to flammable cladding
buildings
Inconsistent approaches to flammable cladding across the
country has prompted the Australian Property Institute
(API) to lead the way with a valuation protocol
which will assign a risk rating on properties that appear to be
clad, is known to be clad or is known to have non-compliant
cladding (03 June 2019).
More...
Successful 2019 National Housing Research Program
commences
The research will be undertaken by collaborative teams
from AHURI's eight national university research partners. The
successful projects include two Inquiries. For more details of the
2019 NHRP projects please visit the research in progress page of
the AHURI website
(28 May 2019).
More...
Victoria
Sale of Land Amendment Act 2019
- Legislation update
The Victorian Government has passed new laws that will
remove the ability of developers to use sunset clauses to
intentionally delay building projects and exploit buyers (05 June
2019).
More...
The 2019-20 Victorian State Budget
Published: 27 May 2019.The 2019-20 Victorian State Budget
has been handed down in parliament by the Treasurer, Tim Pallas MP.
The budget papers are available on the Victorian Budget 2019-20 website. Including budget
highlights including solar in homes and the North East link
Announcements, Draft Policies and Plans released 2019
Queensland
Revised Queensland titles registry fees
The new fees for the 2019–2020 financial year are
prescribed in the Natural Resources, Mines and Energy Legislation
(Fees) Amendment Regulation 2019 which is available on the Office
of the Queensland Parliamentary Counsel
website. The Titles Registry online fee calculator will be
updated on 1 July 2019 to reflect the revised fees that commence on
that date.
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...
DMRME consultations
Proposed Yarrenlea Solar Farm
Closes: 24 June 2019 - We are seeking feedback on a proposed
project near the Pittsworth township, 40km south-west of
Toowoomba.
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...
Cases
Victoria
Toma v Olcorn [2019] VSCA
116
CONTRACT – Sale of land – Unilateral mistake
– Vendor entered into contract for sale of land under
mistaken belief as to adjustment at settlement for rent pre-paid
– Whether purchaser was aware of mistake – Trial judge
found purchaser was aware of mistake and opportunistically sought
to take advantage of it – Contract rescinded – Leave to
appeal granted but appeal dismissed – Taylor v
Johnson [1983] HCA 5; (1983) 151 CLR 422, Leibler v Air
New Zealand Ltd [No 2] [1999] 1 VR 1 applied.
RW Health Partnership Pty Ltd v Lendlease Building
Contractors Pty Ltd [2019] VSC
353
ARBITRATION – Whether dispute resolution clause
required expert determination or arbitration – Principles for
the construction of dispute resolution clauses considered.
CONTRACT – Whether the parties correspondence in preparation
for an arbitration constituted an ad hoc agreement to
arbitrate.
ELECTION – Whether by its correspondence the first defendant
had elected to arbitrate the relevant dispute – Whether to
choose arbitration rather than expert determination was to elect
between inconsistent substantive rights.
WAIVER – Principles of waiver considered – Whether by
its correspondence the first defendant has unequivocally abandoned
its right to expert determination.
Begovic v Northpark Berwick Investments Pty Ltd (Civil
Claims) [2019] VCAT
772
Misleading and deceptive conduct, representations made on
fuel consumption label as to vehicle's fuel consumption, sale
of new vehicle, vehicle fuel efficiency testing, label requirements
under Australian Design Rules, s18 Australian Consumer Law, remedy
for breach, defect in vehicle, guarantee as to quality, s 54 ACL,
whether major defect, entitlement to reject vehicle and recover
purchase price. The first respondent must pay the applicant the sum
of $39,500.
DJM Group Pty Ltd v Calypso Sports Pty Ltd (Building and
Property) (Costs) [2019] VCAT
808
RETAIL LEASES–applicant landlord failed to prove at
the hearing that the third respondent signed a guarantee in respect
of the tenant's obligations to the landlord–claim against
the third respondent dismissed, but upheld against the tenant and
the co-guarantor.
COSTS–Section 92 Retail Leases Act
2003–whether the proceeding was conducted by the
applicant in a vexatious way that unnecessarily disadvantaged the
third respondent–such a conclusion not open on the
facts–claim for costs by the third respondent against the
applicant dismissed–quare whether it remained open for the
third respondent to seek its costs against the second respondent
under a Sanderson order.
GDV Developments Pty Ltd v Surf Coast SC
[2019] VCAT 771
Section 40 of the Subdivision Act 1988; failure
to certify plan of subdivision; staged subdivision.
Strike out – failure to issue statement of compliance -
Pursuant to section 75 of the Victorian Civil and
Administrative Tribunal Act 1998 the application for review
lodged under section 40 of the Subdivision Act 1988 with
respect to the failure by the Surf Coast Shire Council to issue a
statement of compliance is struck out for want of jurisdiction and
on the basis that it is misconceived. The Surf Coast Shire Council
is directed to certify plan of subdivision PS812298T (Version 5)
pursuant to section 6 of the Subdivision Act 1988.
Queensland
Lake Laurel Pty Ltd & Ors v Nichols Constructions Pty
Ltd & Ors (No 2) [2019] QSC
145
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES –
CONSTRUCTION AND INTERPRETATION OF CONTRACTS – IMPLIED TERMS
– GENERALLY – where the parties were involved in a
project to subdivide land – where the first plaintiff and the
first defendant entered into a loan agreement, with the second
defendants as guarantors, which was secured by a registered
mortgage, under which the first defendant agreed to pay the
principal sum of $3,775,000.00 to the first plaintiff, by
incremental instalments on the sale of each lot in the proposed
subdivision, with the balance to be repaid 12 months from
registration of the plan(s) of subdivision – where the debt
under the loan agreement and mortgage were later assigned to the
third plaintiff – where the third plaintiff claims the debt
has become due and payable, as a consequence of the first
defendant's breach of express and implied terms of the loan
agreement and mortgage, by allowing the development approval for
the land to lapse, and failing to obtain registration of the
plan(s) of subdivision within a reasonable time – where the
defendants do not challenge the contention that the first defendant
breached the loan agreement and/or the mortgage in the ways
contended by the third plaintiff, but argue the principal sum has
not become payable because of an earlier breach by the first
plaintiff of the implied obligation under the loan agreement and
the mortgage to cooperate – whether the implied obligation to
cooperate required the first plaintiff to take steps to ensure that
plan(s) for subdivision of the land were registered, or not to
hinder or obstruct the first defendant's efforts in that regard
– whether such a breach, even if established, could be relied
upon to defend the claim by the third plaintiff, as assignee, to
recover the principal sum – whether the first plaintiff
breached the implied obligation to cooperate – whether the
principal sum under the loan agreement is due and payable to the
third plaintiff
Wilkes & Anor v D.C. Construction Services Pty
Ltd [2019] QSC 117
MORTGAGES – MORTGAGE CONTRACT – LIABILITIES
SECURED – OTHER PARTICULAR CASES – where the applicants
entered into a contract with the respondent – where the
contract provided for the undertaking of construction works for
subdivision of the applicants' land – where the
applicants entered into a loan agreement with a third party for the
purpose of undertaking the subdivision – where the loan was
secured by a number of transactions, including a registered
mortgage executed by the applicants over the land subject of the
subdivision – where the construction works were carried out
by the respondent and the respondent alleges that the applicants
have not paid a sum due and payable under the contract for those
works – where the loan agreement was assigned to the
respondent – where the land was then sold and two sums, paid
into court, are alleged by the respondent to be payable by the
applicants to it in respect of the loan agreement and the contract
– whether the registered mortgage, in respect of which the
applicants are mortgagors and the respondent is the assignee of the
original mortgage, secures the pre-assignment liability under the
contract alleged to be owing by the mortgagors to the assignee
– whether money advanced under the loan agreement is so
secured by the mortgage
Property Law Act 1974 Qld s84.
Lake Maroona Pty Ltd v Valuer-General
[2019] QLC 23
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – where appellant objects to
valuations – where site value is the basis of valuation
– whether a conditional contract is a "sale" for
the purposes of s 18 of the Land Valuation Act 2010
– where there are constraints on the development potential of
the land – where land is zoned for limited development
– where the subjects are wholly below the Q100 flood line
– where access is restricted on one subject – whether
the subjects can legally have a dwelling on them – where a
valuer contends land should be valued at a nominal value –
where appellant argues that there is no market for sale of the
subjects
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – NOTICE OF APPEAL –
evidence – burden of proof – whether the appellant has
met the onus of proof – where appellant makes submissions on
grounds not in its notice of appeal
Pfeiffer Nominees Pty Limited v Chief Executive, Department
of Transport and Main Roads [2019] QCA
101
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS
AND APPEALS – QUEENSLAND – where the applicant's
land was adjacent to a highway – where some of that land was
resumed for the purpose of widening the highway – where a
declaration from the Commissioner of Main Roads impeded access to
the highway unless the Commissioner consented to the removal of the
impediment – where the giving of such consent had not
occurred and was unprecedented – where the applicant was
entitled to compensation for the resumption based on the value of
the resumed land – where the value of the resumed land was
assessed as affected by the declaration – where the relevant
scheme was said to be the specific instance of road widening that
required the resumption, rather than some broader scheme for the
maintenance and upgrading of the highway – whether the
relevant scheme was properly determined – whether the value
of the applicant's land should be assessed without regard to
the declaration. Acquisition of Land Act 1967 Qld s
20(2)
Ant Projects Pty Ltd v Morgan Brooks Direct Pty Ltd &
Ors [2019] QDC 81
LEASES – where a notice to remedy breach was served
by email – whether the notice was not served
LEASES – where a notice to remedy breach – where breach
remediable by payment of $18,353.64 – whether 11 and 14 days
were reasonable times to remedy
LEASES – where a notice to remedy breach specified one amount
claimed in respect of five covenants – where it failed to
specify an amount claimed in respect of each covenant –
whether it failed to comply with s 124(1) of the Property Law
Act 1974
LEASES – where the lessor had access to the lessee's
security deposit – where the lessee was in arrears –
whether there was no breach if the security deposit exceeded the
arrears – whether the lessee was obliged to use the security
deposit before providing a notice to remedy breach
LEASES – INTERPRETATION – where the lease referred to a
plan attached – where the plan was marked
"Cancelled" – whether the lease is interpreted by
reference to the plan
LEASES – whether the lessee repudiated or the lessor
LEASES – quantum of damages for repudiation – whether
the lessor mitigated its loss
Property Law Act 1974 Qld ss 117, 118 and 124(1)
Residential Tenancies and Rooming Accommodation Act 2008
Qld
Residential Tenancies and Rooming Accommodation Regulation
2009 Qld
Legislation
Queensland
Subordinate legislation as made – 7 June
2019
No 85
Liquor (Rural Hotels Concession) 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.