In the media
Commonwealth
Commercial real estate prices stumble in global
capitals
Commercial property prices in major cities around the
world tumbled in the second quarter, amid signs of slower global
growth and heightened trade tension between China and the U.S. In
Australia, where the economic growth has slowed sharply since
mid-2018, property prices were down more than 2 per cent in
Melbourne and Central Sydney (14 August 2019).
More...
CEFC drives $1 billion in smaller-scale clean energy
projects as Bank of Queensland comes on board
The CEFC has marked a major milestone in Australia's
clean energy transition, helping drive more than $1 billion in new
investment in smaller-scale clean energy projects Australia-wide
(13 August 2019).
More...
Infrastructure report highlights need for extra
investment and planning
Australia is sleepwalking its way towards becoming a
nation of three megacities with regions which struggle with social
and economic equity issues, the Planning Institute of Australia
warns (13 August 2019).
More...
Infrastructure critical to city transformation:
Audit
The Property Council of Australia welcomed the release of
Infrastructure Australia's 2019 Australian Infrastructure Audit
and its recognition of the critical infrastructure needs of our
growing cities, especially the big four of Sydney, Melbourne,
Brisbane and Perth (13 August 2019).
More...
Significant building reform 'needed to restore
insurers' confidence
Insurers won't consider offering unrestricted products
in the building industry professional indemnity market until
confidence in the sector is restored, Insurance Council of
Australia says (12 August 2019).
More...
Commercial property rebounds as office, industrial
outperform
Growing confidence in the commercial property market, led
by gains in the office and industrial sectors in the eastern
states, has brought a major indicator of sentiment back into the
black. Capital growth and rental returns on industrial properties
are also tipped to grow over the next year, if at a more modest
rate of 1.0 per cent and 1.1 per cent, respectively (09 August
2019).
More...
Why commercial property future could be a growth market
for agents
The market sentiment for commercial property has seen
"a strong lift in confidence" in the second quarter of
2019, despite retail and CBD hotels showcasing less than stellar
performances. The swing has apparently been led by strong optimism
across NSW and Victoria, with the report noting that by sector,
positive sentiment has increased the most for commercial office
spaces (12 August 2019).
More...
CEFC backs QSCF Climate Bonds Initiative certified green
bond to support sustainable investment market
The CEFC has made a cornerstone investment of $30 million
in the QIC Shopping Centre Fund green bond, the first Climate Bonds
Initiative certified green bond issued by a retail property
landlord globally, and an exciting milestone in the development of
Australia's green bond market (09 August 2019).
More...
REIA: Housing finance figures show green shoots
The June 2019 Lending to Households and Business Figures
released by the Australian Bureau of Statistics show rises in new
lending commitments for both owner occupier and investor dwellings
(07 August 2019).
More...
Unlocking more sustainable finance with GRESB, NABERS
and Green Star
The property sector is fast cottoning on to the power of
green bonds and other sustainable financing mechanisms to create a
more sustainable built environment, including the residential
market (06 August 2019).
More...
Victoria
Hotel Windsor's controversial revamp all but killed
off as permit extension knocked back
Controversial plans for a $330 million redevelopment of
Melbourne's historic Hotel Windsor are quashed, after Victorian
planning minister Richard Wynne refused the owning Halim
family's request for a fourth extension on the 26-storey tower
project (09 August 2019).
More...
"A sorry tale indeed": Ombudsman calls for end
to saga affecting owners of Ninety Mile Beach land
Owners of land that cannot be built on along
Gippsland's Ninety Mile Beach should be refunded rates and
waste charges, Victorian Ombudsman Deborah Glass has recommended,
ending a 65-year-long saga, where a developer lured people, mostly
migrants from Europe, to buy land promoted as a 'slice of
paradise on Victoria's Gold Coast'. (07 August 2019).
More...
Melbourne developer aims to curb Epping congestion
The delivery of new infrastructure could solve congestion
issues in Melbourne's growing northern region, with
Melbourne-based developer MAB Corporation pledging to deliver an
"essential piece of road" in Epping (07 August 2019).
More...
Tiny homes unveiled during homelessness prevention
week
People experiencing homelessness now have more housing
options with the opening of the first six of a planned 57 tiny
homes on vacant government-owned land. In an Australian-first
project these units will be situated on nine parcels of land owned
by VicRoads that have been leased to the Department of Health and
Human Services (05 August 2019).
More...
NSW
Big off-the-plan reform push launched by REINSW
In response to government proposals for off-the-plan
contracts, the REINSW has called for protective financial risk
provisions to be extended to all parties involved in these
contracts, not just purchasers (14 August 2019).
More...
Queensland
The show will go on: Old Burleigh Theatre Arcade given
extra protection
The Palaszczuk Government has granted extra planning
protection for iconic Gold Coast seaside theatre, the Old Burleigh
Theatre Arcade (16 August 2019).
More...
Brisbane's narrowest commercial tower approved
A development application has been approved for an
ultra-skinny mixed use tower located in Brisbane's CBD. Hames
Sharley principal Jason Preston said the building's narrowness
meant the design needed to be innovative in dealing with the
challenges of structural tension, compression and stability and
honoured the heritage status of the existing building (15 August
2019).
More...
Gold Coast enters luxury market hit list
The Gold Coast is the newest entry on to a list of
international high-end property markets, with a strengthening
pipeline of new projects attracting affluent local and interstate
buyers (14 August 2019).
More...
Koala habitat cleared for housing development against
Environment Department's offset policy
The Federal Environment Department approved the clearing
of more than 75 hectares of critical koala habitat west of Brisbane
in breach of its own policy (13 August 2019).
More...
Planning for Oxley sees childcare relocate following
three-year consultation period
A new planning framework, designed to guide future
development within the Oxley Priority Development Area
(PDA), came into effect after three years of
research, planning and public consultation. The controversy
centered on the nature of PDAs, which remove an application from
local government assessment, making applications instead assessed
by the state government (13 August 2019).
More...
More apartments approved in Sunshine Coast's new
CBD
New changes to the state government's priority
development scheme will see the delivery of up to 4000 new
apartments in the new $2.1 billion Maroochydore CBD (09 August
2019).
More...
Yeerongpilly Green masterplan maps out transformative
Southside project
The masterplan model for the $850 million Yeerongpilly
Green urban renewal project was unveiled, with the development set
to generate around 7600 jobs over the next decade (09 August 2019).
More...
Maroochydore City Centre Development Scheme
approved
Greater housing diversity and a new Maroochydore CBD will
be accommodated in the Maroochydore City Centre Priority
Development Area after the state government approved changes to the
PDA's development scheme (09 August 2019).
More...
Development scheme creates planning certainty for Oxley
PDA
A new planning framework to guide future development
within the Oxley Priority Development Area (PDA)
has come into effect, following three years of research, planning
and public consultation (09 August 2019).
More...
Yeronga PDA development scheme given the green
light
A new and permanent home for Yeronga Community Centre is a
step closer with the development scheme approved for the Yeronga
Priority Development Area (PDA) (09 August 2019).
More...
PCA: Brisbane office markets bounce back
The Property Council of Australia's latest Office
Market Report shows that vacancy across the CBD has dropped from
12.9 per cent to 11.9 per cent over the last six months. Vacancy in
the Brisbane Fringe fell from 15.7 per cent to 13.8 per cent over
the same period. The Gold Coast saw a reduction in demand for
office space with an increase from 11.6 per cent to 12.9 per cent
across the city in the first half of 2019 (08 August 2019).
More...
'Enough is enough': Minister, council oppose
clearing for Brisbane aged-care centre
The Queensland government is under extreme pressure from
one of its own ministers to cancel 15-year-old plans to clear six
hectares of "regionally significant" bushland at Stafford
Heights (07 August 2019).
More...
Silverstone inks deal on Brisbane redevelopment of 458
Wickham Street
Silverstone Developments has entered into an agreement
with the Queensland government for the redevelopment of the PCYC
and a 12-storey commercial development in Brisbane's Fortitude
Valley (07 August 2019).
More...
International uni, 30-Storey tower next Step in
Fortitude Valley renewal
A new $180 million international university campus and
30-storey tower comprising student accommodation, co-living and
co-working space is planned for Brisbane's inner suburb of
Fortitude Valley. A 12-year lease agreement has been signed with
the international NASDAQ-listed Torrens university for its new
Fortitude Valley based campus (06 August 2019).
More...
AVJennings lodges plans for 8,700 homes in
Caboolture
ASX-listed developer AVJennings has lodged plans for a new
masterplanned community spanning 410 hectares north of Brisbane.
The greenfield development in Caboolture West has been earmarked
for more than a decade, with Australia's population growth
continuing to drive demand in "next growth areas (05 August
2019).
More...
Published – articles, papers, reports
An assessment of Australia's future infrastructure
needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications
and – for the first time – social infrastructure, and
looks at the major challenges and opportunities facing
Australia's infrastructure over the next 15 years and beyond.
More...
Regional population growth – are we ready?
Jack Archer, Kim Houghton, Ben Vonthethoff; Regional
Australia Institute: 07 August 2019
The RAI is calling for a new national awareness campaign to promote
the opportunities of living in regional Australia, and help drive a
population shift in coming decades. More...
Older Australians and the housing aspirations gap
Amity James, Steven Rowley, Wendy Stone, Sharon Parkinson,
Angela Spinney, Margaret Reynolds
Australian Housing and Urban Research Institute: 07 August
2019
This research examined the housing aspirations of older Australians
(i.e. aged 55 years and over), including home owners and renters in
the private market and in social housing, to provide the
evidence-base for policies needed to deliver their required housing
and housing assistance. More...
In practice and courts
Commonwealth
API Alert: Retail Leases Act
2003 (Victoria) – Definition of
'Retail Premises'
The VCAT recently handed down the decision of Phillips
v Abel [2019], further clarifying 'retail premises'
under the Retail Leases Act 2003. Significantly, the
'purpose of occupation' and the 'ultimate consumer'
test apply when determining whether property is 'retail
premises' under the Act. This governs whether a landlord is
entitled to recover land tax from a tenant (13 August 2019).
More...
RICS draft guidance note - Measurement of Land for
Development and Planning Purposes (1st edition)
Once adopted, the
guidance will have far-reaching implications for development
surveyors, planners, architects and government administrators
around the world as the new standards become global best practice
for the consistent calculation of land measurement and associated
metrics. Consultations close on 17 September 2019 (06 August 2019).
More...
ABCB: Energy efficiency scoping study
The ABCB has released an energy efficiency scoping study
for public comment. The study outlines an approach and scope for
investigating possible changes to the NCC's energy efficiency
provisions, with a focus on NCC 2022. This work will consider the
COAG Energy Council's Trajectory for Low Energy
Buildings.
Consultation closes 8 September 2019.
More...
Announcements, Draft Policies and Plans released 2019
Queensland
Parliament: Online tabled papers – 06 August
2019
1084: Professional Standards Act 2004: Instrument
amending the Australian Property Institute Valuers Limited
Professional Standards Scheme (Refer to Professional Standards
(Australian Property Institute Valuers Limited Scheme) Amendment
Notice 2019, No. 145 of 2019).
More...
Associated Papers
Professional Standards Act 2004: Professional Standards
(Australian Property Institute Valuers Limited Scheme) Amendment
Notice 2019, No. 145
Professional Standards Act 2004: Professional Standards
(Australian Property Institute Valuers Limited Scheme) Amendment
Notice 2019, No. 145, explanatory notes
Titles Registry Alert No 154: Important changes to the
witnessing requirements for Titles Registry instruments and revised
Land Title Practice Manual to commence later this year
New and revised practice requirements have been developed
to reflect the upcoming changes and provide additional guidance for
witnesses. A new standalone part of the Land Title Practice Manual,
Part 61, has been created for this purpose. To give witnesses time
to understand the practical effect of the amendments and review
their processes the
draft Part 61 – Witnessing and Execution of Instruments or
Documents with these updated witnessing practice requirements
has been made available (06 August 2019).
BCC: Draft design guide - low-to-medium density
housing
The draft New World City design guide - Subtropical homes
for a Brisbane lifestyle will provide advice and support to
encourage quality design of townhouses and apartments up to five
storeys. Consultation has now commenced and will close on 13
September 2019.
More...
BCC: Design strategy for Brisbane
Design-led City - a design strategy for Brisbane intends
to outline a vision for design quality across Brisbane's built
environment. The consultation document sets out the draft
priorities and design values to guide design outcomes for all
development and infrastructure projects, and identifies potential
actions to support, regulate, reward and implement quality design
in Brisbane. Consultation will close on 13 September 2019.
More...
Attorney General: Free state-wide seminars explain body
corporate laws
Queensland's Office of Body Corporate and Community
Management will host free seminars across the State to help inform
community members about body corporate laws. The seminars will be
held in late August and September at the Gold Coast, Logan,
Brisbane, Sunshine Coast, Hervey Bay, Gladstone, Mackay, Townsville
and Cairns. (07 August 2019).
More...
PCA: Queensland planning policy update
A number of local and state government related planning
decisions impacting the property sector have been released.
New Model Code for Neighbourhood Design
Queensland Government has released a new model code for
neighbourhood design, and is proposing to make parts of the code
mandatory. The Queensland Government is seeking feedback on what
parts of the code to make mandatory with consultation closing on 1
September 2019.
More...
Sunshine Coast incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to Council between
1 July 2019 and 30 June 2022.
More...
Have your say: Energy from Waste Policy discussion
paper
The Queensland Government has released a discussion paper
outlining the proposed role for energy from waste, how it could
support the implementation of the
Waste Management and Resource Recovery Strategy and support the
State's transition to the principles underpinning the circular
economy. Energy from waste involves converting waste materials into
fuels, or energy in the form of electricity, heat, or cooling.
Queenslanders can have their say on the
Energy from Waste Policy Discussion Paper. Submissions close on
26 August 2019.
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
Provans Timber Pty Ltd v Secretary to the Dept of
Transport (Costs Judgment) [2019] VSC
537
COSTS – proceedings brought under Land
Acquisition and Compensation Act 1986 ('LAC Act')
– owner of acquired land claimed for balance of compensation
for market value of land – claim successful –
Calderbank offer – offer not accepted by Authority –
whether Authority's failure to accept Calderbank offer
unreasonable – authority to pay indemnity costs after the
date the period for acceptance of the Calderbank offer expired
– LAC Act, s 91 – Hazeldenes Chicken Farm
Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR
435 applied.
Key Infrastructure Australia Pty Ltd v Bensons Property
Group Pty Ltd [2019] VSC
522
CONTRACT – development management agreement –
term that planning permit be issued by a certain date –
whether defendant elected to appeal to VCAT pursuant to term of
agreement – holding that defendant did not elect to appeal
– whether decision by VCAT that permit should be granted
satisfied the term – holding that decision by VCAT granting
permit did not satisfy term.
CONTRACT – whether terms of development management agreement
included implied terms of good faith and co-operation – Duty
of co-operation implied – duty of good faith not implied
– holding that defendant had breached duty of co-operation
– plaintiff entitled to nominal damages.
EQUITY – whether defendant estopped from relying on strict
wording of term of development management agreement –
Conventional estoppel – equitable estoppel – holding
that estoppel not established.
Hawker v Powercor Australia Ltd
[2019] VSC 521
PRACTICE AND PROCEDURE – group proceedings –
approval of Settlement Application under Supreme Court Act
1986 (Vic), s 33V – in the interests of group members as
a whole – whether terms of settlement "fair and
reasonable" – settlement Approved.
Mr Hawker commenced a proceeding against Powercor as provided for
in Part 4A of the Supreme Court Act 1986 on behalf of
himself and other persons who had suffered loss and damage as a
result of the Gnotuk bushfire.
Waterfront Place Pty Ltd v Minister for Planning &
Ors [No 2] [2019] VSCA
166
PRACTICE AND PROCEDURE – costs – application
for leave to appeal – leave to appeal refused – whether
applicant should pay costs of two respondents – respondents
acting at arm's length during litigation – applicant
ordered to pay costs of both respondents on standard basis –
Local Democracy Matters Incorporated v Infrastructure New South
Wales [No 2] [2019] NSWCA 118 and Statham v Shephard
(No 2) [1974] 23 FLR 244, applied.
Mizzii & Anor v Ballin & Anor
[2019] QCAT 216
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – where tenant in default of essential
terms under Lease – where rent arrears – where rates
owing – where cleaning and make-good owing – where
amount owing for furniture and equipment sold under Chattels
Agreement – whether interest payable – where Tribunal
does not have statutory discretion to award interest – where
enabling provision did provide for interest.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– COSTS – where strong indicator against awarding of
costs – where nothing to displace usual position that each
party must pay own costs.
Queensland Civil and Administrative Tribunal Act 2009 Qld
s 100, s 102, s 103
Retail Shop Leases Act 1994 Qld s 103
Sunshine Coast Regional Council v Dwyer &
Ors [2019] QPEC 36
It is further ordered that pending a decision in
proceedings for the enforcement order, interim enforcement orders
are made pursuant to section 180(5) of the Planning Act
2016 (Qld) that: 4. The First, Second, Third and Fourth
Respondents by themselves, servants or agents stop carrying out all
works associated with the Rooftop Work and the Rooftop Area until a
development permit for building work is in effect for the
development.
Burnett Street Nominees Pty Ltd v Sunshine Coast Regional
Council [2019] QPEC
35
ENVIRONMENT AND PLANNING – APPLICATION – where
the applicant seeks an order pursuant to s 78 Planning Act
2016 to change a development approval by allowing the
development to be in stages – whether the proposed change is
a "minor change" – whether the proposed change
would not result in a substantially different development.
Planning Act 2016 Qld ss 68, 78(1), 78A, 80, 81(2), 85,
86; Planning Regulation 2017 Qld s 44; Planning and Environment
Court Act 2016 Qld s 46(3); Sustainable Planning Act
2009 Qld ss 350, 369
Toula Holdings Pty Ltd & Ors v Morgo's Leisure Pty
Ltd & Ors [2019] QSC
196
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – JUDGMENTS AND ORDERS –where the applicants
were successful on appeal in an action brought by the respondent
plaintiffs concerning the lease of a hotel – where the
applicants seek leave to proceed pursuant to r 389 of the Uniform
Civil Procedure Rules in an application for compensation for
damages pursuant to r 264(3) or r 900(3) of the Uniform Civil
Procedure Rules – where the trial judge made orders setting
timetables for the action on the respondents' undertaking in
the usual form as to damages and the applicants' undertaking
not to sell the hotel – where the trial judge subsequently
made freezing orders against the applicants on the respondents'
undertaking as to damages – whether the respondents breached
their undertakings for the purposes of r 264(3) or r 900(3) –
whether r 264(4) has any application.
Legislation
High
Court (2020 Sittings) Rules 2019
08/08/2019 – These Rules of Court appoint the High
Court days of sitting for 2020.
Competition
and Consumer (Price Inquiry—Water Markets in the
Murray-Darling Basin) Direction 2019
08/08/2019 – This instrument requires the Australian
Competition and Consumer Commission to hold a price inquiry into
markets for tradeable water rights relating to water in the
Murray-Darling Basin.
Queensland
Subordinate legislation as made – 16 August
2019
No 153
Environmental Protection (Air) Policy 2019
The purpose of this policy is to achieve the object of the Act in
relation to the air environment. This regulation commences on 1
September 2019.
No 154
Environmental Protection (Noise) Policy 2019
The purpose of this policy is to achieve the object of the Act in
relation to the acoustic environment. This regulation commences on
1 September 2019.
No 155
Environmental Protection Regulation 2019
This regulation commences on 1 September 2019.
No 156
Environmental Protection (Water and Wetland Biodiversity) Policy
2019
Subordinate legislation as made – 09 August
2019
No 151
Nature Conservation (Wildlife Management) (Infrastructure)
Amendment Regulation 2019
No 152
Building and Other Legislation Amendment Regulation 2019
This Regulation is made under the Building Act 1975 and
the State Penalties Enforcement Act 1999. This Regulation
permits private building certifiers to continue to perform their
function, improves the administrative and regulatory functions of
the QBCC in administering the combustible cladding checklist
process, imposes penalties against registered owners for not taking
required actions, and requires that fire engineers notify building
owners and the QBCC when they reasonably believe a private building
will require risk mitigation measures. This Regulation was notified
on 9 August 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.