Australia: Inside track: Property & Real Estate - In the media, reports and cases

Last Updated: 19 July 2019
Most Read Contributor in Australia, July 2019

In the media


APRA finalises amendments to guidance on residential mortgage lending
The Australian Prudential Regulation Authority has announced that it will proceed with proposed changes to its guidance on the serviceability assessments that authorised deposit-taking institutions perform on residential mortgage applications (05 July 2019). More...

Morrison Government delivers to protect farmers
The Morrison Government has introduced legislation to protect them from the unlawful actions of animal activists. The Criminal Code Amendment (Agricultural Protection) Bill 2019 introduces new offences for the incitement of trespass, property damage, or theft on agricultural land (04 July 2019). More...

PCA: Property industry confidence shows post-election jump but challenges remain
Property industry confidence has jumped following the federal election outcome in a positive sign for the Australian economy, but the Property Council has warned that a number of economic factors remain challenging for the industry which is Australia's largest employer (04 July 2019). More...

REIA says rate cut to help affordability for home buyers
The RBA's decision to cut interest rates will help affordability for home buyers, according to the Real Estate Institute of Australia (REIA). The second cut in as many months is a major boost to housing affordability,"REIA President Adrian Kelly, said (02 July 2019). More...

Australia's Robust Population Growth Means More Housing is Essential
The Australian Bureau of Statistics latest figures on population growth are robust and will need to lead to more new housing, says the Urban Taskforce. The ABS data shows that Australia's population grew by 1.6 per cent during 2018 with record births (20 June 2019). More...


Melbourne Airport Plans Stall While Hotel Development Takes Off
Planning for Melbourne Airport has included four runways since the 1960s, but plans for construction of its third proposed east-west runway are now subject to further government consultation. Meanwhile, the new $250 million Fender Katsalidis-designed hotel development at Melbourne Airport was green-lit by the federal government (01 July 2019). More...

Sydney and Melbourne Property Prices Rise for the First Time Since 2017
Sydney and Melbourne dwelling values recorded a slight uptick for the month of June, marking the first monthly increase in housing values for the major capital cities since 2017 (01 July 2019). More...

PCA: Industry confidence rebounds, but will house prices skyrocket?
Property market confidence in Victoria has rebounded for the first time in four quarters according to the ANZ/Property Council Confidence Survey released. Despite the post federal election boost in confidence, the Property Council has cautioned that further leadership is required to ensure sufficient housing supply is able to meet the needs of all Victorians (01 July 219). More...

Flammable cladding leads to insurance crisis which could see construction industry grind to halt
The cladding crisis has escalated with Victoria's building industry in danger of grinding to a halt because building surveyors can no longer get professional indemnity insurance (25 June 2019). More...


Planning Minister Rob Stokes flags medium density housing code review
It could be easier for landowners and developers to build terraces and other medium-density homes in more areas of Sydney by the end of the year. The Planning Minister, Rob Stokes, is a keen supporter of the medium-density housing code as a means to increase the diversity of housing (13 June 2019). More...


Growing the market for sustainable homes: industry roadmap
CRC for Low Carbon Living, Australian Sustainable Built Environment Council
CRC for Low Carbon Living: 01 July 2019
This strategy document is designed to accelerate action, with four clearly defined steps: differentiate sustainable housing in the market; train and reward the construction industry; build awareness; and broadcast the positive business case. More...

Social housing as infrastructure: rationale, prioritisation and investment pathway
Australian Housing and Urban Research Institute: 26 June 2019
This research modelled ways to best finance and fund social housing, revealing that a capital investment strategy, supplemented by efficient financing, is substantially more cost-effective than a commercially-financed model reliant on an operating subsidy. More...

In practice and courts


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...


PCCEF Pty Ltd v Geelong Football Club [2019] VSCA 144
CONTRACT – Commercial lease – Application for leave to appeal trial judge declaration regarding construction of market rent review provision – Tenant succeeded before trial judge – Landlord's construction held to be correct – Leave granted and appeal allowed – Electricity Generation Co v Wooodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640, Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 applied – Growthpoint Properties Australia Ltd v Australia Pacific Airports (Melbourne) Pty Ltd [2014] VSC 556 distinguished.

Acapulco Gold Pty Ltd v Wallis [2019] VSC 414
APPEAL – Victorian Civil and Administrative Tribunal – Orders under Subdivision Act 1988, s 34D(1)(a) that owners corporation transfer part of common property to a lot owner in return for a payment assessed to be 'fair market value' – Whether Tribunal required to apply Spencer v Commonwealth (1907) 5 CLR 418 in assessing 'fair market value' of the land to be transferred – Whether Tribunal misapplied Spencer – Whether Tribunal had regard to irrelevant considerations – No real prospect of success on appeal – Leave to appeal refused – Subdivision Act 1988 (Vic), ss 32, 34A, 34D, Victorian Civil and Administrative Appeals Tribunal Act 1998 (Vic), s 130.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions