Australia: Inside track: Property & Real Estate - In the media, in practice and courts, cases and legislation

Last Updated: 12 September 2019

In the media


REITs outperform broader market
The sprawling listed property trust sector has outperformed the broader market despite concerns about sagging demand from retail tenants (28 August 2019). More...

GBCA: Green or blue, social infrastructure is the glue
The GBCA and the Infrastructure Sustainability Council of Australia will launch updated guidelines to ensure we get the most sustainable outcomes from every dollar spent on infrastructure. Our new guidelines support better integration as an increasing number of projects pursue dual ratings under the IS and Green Star rating systems (29 August 2019). More...

'Underlying issues' flagged in secondary office markets
New research has revealed there are several lingering issues impacting secondary office markets in four major CBD markets. The latest CBRE ViewPoint report has examined current activity in Australian capital cities' secondary markets – a broad term used to describe B, C and D grade office buildings (28 August 2019). More...

Climate change key in home-buying process
According to REIQ CEO Antonia Mercorella, climate change has become "the new due diligence", with home buyers putting this on their agenda alongside the typical building and pest inspections, utility access and land boundary checks (28 August 2019). More...

Housing policy? Mortgage stress rises as debt soars for older Australians
Rising mortgage debt in later life is a growing social and economic issue, reveals the Australian Housing and Urban Research Institute, affecting wellbeing, retirement wealth management and housing assistance programs (28 August 2019). More...

Homeowners fork out $10bn to repair defects
Building defects have cost new home owners a staggering $10.5 billion throughout the past decade, according to a national survey undertaken by financial research and comparison group Mozo (28 August 2019). More...

NFIA: Australia's fire industry should face mandatory licensing
Based on historical data it can be said that fire safety systems in numbers of buildings in Australia are non-compliant and are at high risk of not protecting the occupants of a building in the event of fire (22 August 2019). More...

Are our major cities about to run out of office space?
RBA's push for 'full employment' could create demand for one million square metres of extra office space a year, according to the latest Colliers International Research and Forecast Report for CBD office markets (28 August 2019). More...

Australia trails UK on build-to-rent but poised to catch up
Although the market for build-to-rent (BtR) is maturing in places such as the UK, it has yet to take off in Australia. Australia's softening property market and ongoing demand for new housing are the right conditions to establish a BtR sector in Australia, according to UK BtR specialist (27 August 2019). More...

PCA: Building ministers need to maintain momentum on regulation compliance and enforcement
Australia's building ministers must continue the momentum on building regulation compliance and enforcement to deliver better outcomes for property owners and tenants (20 August 2019). More...


New engineering registration scheme to improve safety
Professional engineers in Victoria will be required to be registered under a new scheme – strengthening the critical role engineers play in the delivery of the Andrews Labor Government's record infrastructure pipeline. Initially, the scheme will cover five categories of engineering – structural, civil, mechanical, electrical and fire safety (29 August 2019). More...

Fishermans Bend gets Victoria's first digital twin
The University of Melbourne and Victorian Government will partner to develop a digital twin for Fishermans Bend. This sophisticated technology is a first for Victoria. It will provide 3D context and illustrate the human and built relationships within the local environment (26 August 2019). More...

New planning mechanisms for affordable housing
Reforms to planning make it easier for Councils and developers to negotiate voluntary agreements to include affordable homes in residential developments (22 August 2019). More...


Essential for NSW planning Minister to 'clear decks' for new development
"Planning approvals have been dropping fast across Sydney with a 59 per cent drop in the City of Sydney for housing approvals over the last two years. Says Urban Taskforce CEO Chris Johnson "It is therefore good news that Planning Minister Stokes is now talking the language of 'clearing the decks' to speed up planning determinations across Metropolitan Sydney." (28 August 2019). More...


Developer Shayher Group buys Bulimba Barracks
A 20-hectare riverside development site has been sold by the federal government to developer Shayher Group in a major transaction that could see up to 855 new homes on the well-known inner Brisbane site, the Bulimba Barracks (29 August 2019). More...

A 'hint of optimism' with 1000 new Brisbane apartments to go on sale
Developers are experiencing a "hint of optimism" about Brisbane's new apartment market (29 August 2019). More...

Morris Property to kick off construction on ATO's new Brisbane digs
Morris Property Group will push on with construction of its 27-storey office tower having secured a major leasing deal with the Australian Taxation Office at its 152 Wharf Street site on Brisbane's city fringe (28 August 2019). More...

PCA: Howard Smith Wharves crowned Retail Property of the Year
Howard Smith Wharves has been awarded the title of 2019 Queensland Retail Property of the Year, the state's most prestigious retail property title. Howard Smith Wharves is an outstanding example of urban regeneration, capturing some of the most iconic parts of our city (27 August 2019). More...

PCA: Building Queensland releases 2019 Infrastructure Report
The Property Council is pleased to see the inclusion of transport corridors which will provide visibility of the broader planning from which specific proposals are then developed and progressed through the pipeline (22 August 2019). More...

PCA: Victoria Park Vision: Consultation open
Brisbane City Council has announced The Victoria Park Vision; a proposal to develop the Victoria Park Golf Course into the biggest park Brisbane has seen in 50 years. Brisbane City Council has announced plans to turn the current site of the Victoria Park Golf Course into a massive public park (22 August 2019). More...

Mirvac continues office push with Brisbane's 'healthiest' tower
Listed developer Mirvac has broken ground on its $836 million 80 Ann Street Brisbane CBD tower, promoting it as Brisbane's "healthiest" commercial building (21 August 2019). More...

Brisbane industrial market experiencing 'boom like conditions'
Queensland's booming industrial market has continued to strengthen with population growth, e-commerce and infrastructure projects acting as key market drivers (19 August 2019). More...

Published – articles, papers, reports

Inquiry into recycling and waste management: Interim report
Legislative Council Environment and Planning Committee (Vic); Parliament of Victoria: 27 August 2019
Around the time of the commencement of this inquiry, there was a major fire in Campbellfield, which had significant impact on businesses and the community in the area and highlighted the need to avoid dangerous stockpiling of recyclable materials. This interim report deals with the issue of the risks of stockpiling of recyclable materials and how these risks are being managed. More...

Accelerating change: Capital growth in climate solutions
Investor Group on Climate Change: 20 August 2019
The headline insights presented in this report provide a snapshot of current investor sentiment, highlighting some of the factors driving investor thinking and behaviour as they seek to respond to climate change risks and pursue emerging low carbon investment opportunities. More...

REIA news - August 2019
Feature article: Australasian Real Estate Institutes' Auctioneering Championships 2019 – Meet the Finalists. Also in this issue: Your questions answered on Landlord Insurance; ATO's advice on GST at Settlement. More...

Mortgage stress and precarious home ownership: implications for older Australians
Rachel Ong, Gavin Wood, Melek Cigdem, Silvia Salazar
Australian Housing and Urban Research Institute: 27 August 2019
This research investigated the growing numbers of middle-aged and older Australians who are carrying mortgage debt into retirement and paying off higher levels of debt relative to house values and income. Between 1987 and 2015, mortgage debt among older mortgagors increased by 600 per cent (from $27,000 to over $185,000). These trends have significant consequences for older Australians. More...

Infrastructure pipeline report: August 2019
Building Queensland: 26 August 2019
Queensland's growing and ageing population, coupled with ageing infrastructure assets and increased risks of extreme weather are just some of the challenges being addressed by the proposals in this report. More...

In practice and courts


API: ABFI Residential Valuation Standing Instructions version 2.2.1
The Residential Valuation Industry Group has conducted a review of V2.1 of the ABFI Residential Valuation Standing Instructions (ABFI RVSI), and have subsequently released a revised version. Version 2.2.1 of the ABFI RVSI will come into effect on 1 October 2019. The current document, namely Version 2.1, will operate until that time. A copy of Version 2.2.1 is available here (28 August 2019). More...

API: ABFI Residential Valuation Standing Instructions Version 2.2
The Residential Valuation Industry Group has conducted a review of V2.1 of the ABFI Residential Valuation Standing Instructions (ABFI RVSI), and have subsequently released a revised version. Version 2.2 of the ABFI RVSI will come into effect on 1 October 2019. The current document, namely Version 2.1, will operate until that time. More...

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...

Announcements, Draft Policies and Plans released 2019

API: NSW Member Alert – Changes to the NSW EP&A Act 1979 – Interim Occupation Certificates
This Member Alert is to advise Members of the new Part 6 provisions to the Environmental Planning and Assessment Act (EPAA) 1979 commencing 1 September 2019. More...


New Environmental Protection Regulation and Environmental Protection Policies
The Environmental Protection Regulation 2008 and Environmental Protection Policies for Air, Noise and Water will expire on 1 September 2019. The expiring legislation will be replaced by the:
Environmental Protection Regulation 2019; Environmental Protection (Air) Policy 2019; Environmental Protection (Noise) Policy 2019 and Environmental Protection (Water and Wetland Biodiversity) Policy 2019. More...

Current Consultations

Department of Justice and Attorney-General
Body Corporate and Community Management Regulations – Consultation on Draft Legislation Closes 18 October 2019 - The community and stakeholders are invited to have their say on proposed reforms to regulations under the Body Corporate and Community Management Act.

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...

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...

DNMRE current consultations
Moreton: Targeted amendment of the water plan
Closes: 1 October 2019. We are seeking feedback on a new draft water plan amendment.

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...

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...

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. More...


Cases to 26 August 2019

Harris v K7@Surry Hills Pty Ltd [2019] VSC 551
PROPERTY LAW – sale of land – whether lawful rescission or wrongful repudiation by purchaser – anticipatory breach by vendor of special condition in contract – purchaser lawfully rescinded contract – Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61; (2007) 233 CLR 115.
PROPERTY LAW – whether purchaser rescinded contract pursuant to s 9AC(2) of the Sale of Land Act 1962 (Vic) – Deming No 456 Pty Ltd v Brisbane Unit Development Corporation Pty Ltd (1983) 155 CLR 129; Besser v Alma [2012] VSC 460; JD No 6 (Dava) Pty Ltd & Anor v P Battlay Holdings Pty Ltd [2011] VSC 353; Lockwood v PSP Investments Pty Ltd [2013] VSC 10 and Ausgrand Pty Ltd v Stephanie Michele Freeland-Small [2016] VCC 942 considered.

Lasker v Holeszko [2019] QCA 163
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – FROM MAGISTRATES COURT – BY LEAVE OF COURT – FROM DISTRICT COURT – BY LEAVE OF COURT – where the applicant was charged with four offences against the Sustainable Planning Act 2009 (Qld), with the matter proceeding to a hearing before the magistrates court – where the magistrate, after delivering reasons, including findings that the applicant should be found guilty in respect of each of the four charges, and making orders to that effect by consent, adjourned the matter to a later date for the determination of penalty and costs – where the applicant lodged a notice of appeal in the District Court under s 222 of the Justices Act 1886 (Qld), prior to the penalty and costs hearing, seeking that the "convictions" imposed by the magistrate be quashed – where the respondent successfully applied to have the s 222 notice of appeal struck out, on the basis that a right of appeal did not exist until after penalty and costs had been decided and the complaint was "disposed of with final orders" – whether the orders made by the magistrate gave rise to a right of appeal under s 222 – whether the learned District Court judge erred in striking out the s 222 notice of appeal – whether leave ought to be granted to the applicant to appeal against the decision of the learned District Court judge.
District Court of Queensland Act 1967 Qld s 118; Justices Act 1886 Qld s 146, s 222, s 225; Penalties and Sentences Act 1992 Qld s 3 .

Chief Executive v Di Carlo [2019] QPEC 40
Environmental Protection Act 1994; Fire and Rescue Service Act Requisition (No 1)2011.
Within 67 days of the date of this order, the Respondent must provide a statutory declaration to the Applicant demonstrating compliance with paragraphs 1 and 2 of the order. Within 30 days from the date of this order, the Respondent must establish and maintain a clean 10 metre firebreak around the entire boundary of the premises.

Riverstone Resources Pty Ltd v Thorcran Grazing Pty Ltd as Tte [2019] QLC 33
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the respondent objected to the applicant's application for a mining lease – where the applicant subsequently abandoned its application for a mining lease – where the applicant did not explain why it abandoned the application – where it was open to the Court to draw an inference that the applicant was concerned about its ability to meet the grounds of objection – where the Court awarded fixed costs in favour of the respondent. Mineral Resources Act 1989 Qld s 268(8); Land Court Act 2000 Qld s 34(1)



Subordinate legislation as made – 30 September 2019
No 159 Water Plan (Burdekin Basin) (Postponement of Expiry) Notice 2019

Subordinate legislation as made - 28 August 2019
No 173 Proclamation No. 1—Natural Resources and Other Legislation Amendment Act 2019 (commencing certain provisions)
No 174 Land Title Amendment Regulation 2019

Subordinate legislation as made - 23 August 2019
No 158 Rural and Regional Adjustment (Farming in Reef Catchments Rebate Scheme) Amendment Regulation 2019

Subordinate legislation reminder
No 153 Environmental Protection (Air) Policy 2019
This regulation commences on 1 September 2019
No 154 Environmental Protection (Noise) Policy 2019
This regulation commences on 1 September 2019
No 155 Environmental Protection Regulation 2019
This regulation commences on 1 September 2019
Includes Environmental impact statements, environmental management and environmental offences, Public notice for notifying environmental harm

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.

Similar Articles
Relevancy Powered by MondaqAI
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
Similar Articles
Relevancy Powered by MondaqAI
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