In the media
Commonwealth
Changes flagged for 'important' home lending
industry as royal commission report is released
The interim report from the Royal Commission into
Misconduct in the Banking, Superannuation and Financial Services
Industry has been released, outlining a swathe of changes for the
mortgage industry that will be of interest to real estate
professionals (28 September 2018).
More...
Industry moves on labelling and recycling targets
The new labelling system developed by Planet Ark, PREP
Design and the Australian Packaging Covenant Organisation
(APCO) provides easy-to-understand recycling
information when we need it most – in those few seconds when
Australians are deciding which bin to use (26 September 2018).
More...
Planning controls not keeping pace with online holiday
rentals
Australia needs new planning tools to manage the rapid
growth in listings on Airbnb and other online holiday rental
platforms, according to a new study by researchers at The
University of Sydney. The report finds that since Airbnb was
launched in Australia in 2011, more than 130,000 properties were
listed, equating to approximately 0.2 percent of total housing
stock (26 September 2018).
More...
Stapled structures and managed investment trusts
legislation
The Property Council of Australia has welcomed the
introduction of the Government's legislative package on stapled
structures and managed investment trusts. The presentation of these
Bills is another step towards providing greater certainty around
the rules for institutional investment in real estate benefiting
millions of Australians' retirement savings (21 September
2018).
More...
UBS now thinks the housing downturn could be 'the
longest in decades'
Australian home prices fell for an 11th consecutive month
in August, according to data released by CoreLogic. While mild by
historic standards, the current downturn is showing few signs of
abating, leading many to ask as to how long, and how big, it will
eventually be (25 September 2018).
More...
Victoria
New measures reduce risk from major hazard
facilities
Minister for Planning Richard Wynne has approved a new
Ministerial Direction and planning policy which requires
authorities to seek the views of both WorkSafe Victoria and the
Minister for Industry and Employment before rezoning land within a
threshold distance to a Major hazard Facility
(MHF) (27 September 2018).
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Supporting Build-To-Rent In Victoria
The Build-to-Rent model – building properties to
rent instead of selling them to individual buyers – can
provide high quality and well maintained rental stock to Victorian
renters. It builds on the Labor Government's recent changes to
the Residential Tenancies Act which is making renting
fairer for Victorians (27 September 2018).
More...
Affordable housing helps luxury Flinders Bank project
win permit
The inclusion of affordable housing in a luxury riverfront
apartment project in Flinders Bank has helped its developer win
approval, with Minister for Planning Richard Wynne giving the $800
million project the green light (25 September 2018).
More...
Stopping developers ruining Bellarine And The Surf
Coast
A re-elected Labor Government will declare both the Surf
Coast and Bellarine Peninsula a Distinctive Area and Landscape
under the Planning and Environment Act 1987. The
declaration triggers a requirement for a Statement of Planning
Policy, which will set permanent height controls and town
boundaries to protect the environment, landscape and local
lifestyle (27 September 2018).
More...
Fracking ban a win for farming and tourism
Local farmers, tourism operators and the Barwon community
continue to benefit from the Andrews Labor Government's
historic decision to permanently ban 'fracking', and all
other forms of unconventional onshore gas extraction (25 September
2018).
More...
The Melbourne creeks the Environmental Protection
Authority doesn't want you to swim or fish in
Victoria's environmental watchdog is warning Melbourne
residents not to enter the waterways west of the city as it
continues to investigate contamination from firefighting foam (22
September 2018).
More...
Migrants to be funnelled into the regions under
Coalition plan to ease Melbourne's squeeze
Under Matthew Guy's proposal, a new body would also be
empowered to slow housing construction in areas where services and
infrastructure are not keeping up with growth (20 September 2018).
More...
Commercial 3 – Victoria's new zone for mixed
use and creative industries
The Commercial 3 zone is essentially a mixed use
employment zone which is intended to facilitate the establishment
and growth of creative industries, small manufacturers and startup
businesses. The zone also allows complementary uses (including
accommodation, small-scale retailing, places of assembly, and
warehouses) (18 September 2018).
More...
New South Wales
Rail infrastructure set to transform real estate in New
South Wales
New South Wales is in the midst of an unprecedented period
of infrastructure spending, with a nearly $90 billion pipeline
accounting for a record 17.7 per cent of total budget spending over
the next four years (27 September 2018).
More...
$39 million road upgrade in North West Sydney is just
the beginning
A revised North West Special Infrastructure Contribution
(SIC) will deliver $1.5 billion for infrastructure
in Sydney's north-west over the next 30 years. The revised SIC
ensures strategic delivery of infrastructure as development takes
place and ensures developers and land-owners contribute their fair
share (26 September 2018).
More...
Queensland
Developers using unreleased Gold Coast study to push
higher, architect claims
A prominent Gold Coast architect says developers are using
a council study that is not fully released to the public to push
for taller buildings (27 September 2018).
More...
Plans lodged for 25-Storey Broadbeach tower
Developers remain confident in the Gold Coast's
market, with another residential skyscraper entering planning in
recent weeks (27 September 2018).
More...
Gold Coast Airport hotel gets the green light
The Gold Coast Airport has been given the go ahead by
federal government for a new $50 million hotel to commence work.
Earlier this year Mills said half a billion dollars would be
invested into the Gold Coast airport precinct under the
airport's Project LIFT expansion plan (24 September 2018).
More...
Cases
Victoria
Konann Pty Ltd v Casey City Council
[2018] VSC 565
PLANNING – Development contributions –
Infrastructure levies – Precinct Structure Plan –
Development Contributions Plan – Infrastructure works to be
constructed under a development contributions plan completed by
developer – Duties and powers of collecting agency –
Extent of credit or refund payable to developer – How
determined – Double dipping – Planning and
Environment Act 1987 (Vic) pt 3B, s 46P(2) – Casey
City Council v Carson Simpson [2007] VSC 25; (2007) 18 VR 19
(Osborn J) considered.
Falconer v Mildura CC [2018] VCAT
1469
Section 82 of the Planning and Environment Act
1987 (Vic); Mildura Planning Scheme; Farming Zone; Proposed
group accommodation; Consideration of clause 22.01 relating to
budget accommodation. No permit.
Kong v Monash CC [2018] VCAT
1462
Monash Planning Scheme; Monash Housing Strategy 2014;
student accommodation in a preferred location; neighbourhood
character outcomes in the Clayton Activity Centre; internal amenity
for student accommodation; car parking for student
accommodation.
Adams v Castran Gilbert (Aust) Pty Ltd (Civil
Claims) [2018] VCAT
1461
Section 75 of the Victorian Civil and Administrative
Tribunal Act 1998 – claim by a potential purchaser of
real estate against her conveyancer – the potential purchaser
also has claims against the vendor and the vendor's estate
agent.
Owners Corporation No.1 of PS613436T v L.U. Simon
Builders Pty Ltd & Ors (No 3) (Building and
Property) [2018] VCAT
1448
EVIDENCE – Application for late filing of expert
report – principles to be applied – effect on expert
witness conclave – application refused.
Queensland
Tripple A Pty Limited v WIN Television Qld Pty
Ltd [2018] QCA 246
LANDLORD AND TENANT – RENEWALS AND OPTIONS –
EXERCISE OF OPTION – VALIDITY OF EXERCISE – where the
parties to a commercial lease entered into an agreement for a
further lease, in purported exercise of an option to renew, after
the expiry of the time limit specified for exercise of the option
– whether the lessor could be said to have waived compliance
with the time limit, such that the further agreement was the result
of the exercise of the option – or whether the option lapsed
upon expiry of the time limit, and the further agreement was the
result of a negotiation in accordance with ordinary contractual
principles of offer and acceptance.
LANDLORD AND TENANT – RENT – PROVISIONS AS TO RENT IN
AGREEMENT FOR LEASE OR LEASE – DETERMINATION OF RENTAL
– dispute as to the proper construction of the agreement
between the parties for a lease for a further term, in particular
as to the rent payable and whether a market rent review process
applied – whether subsequent conduct of the lessor could be
relied upon.
Airlie Beach Real Estate Pty Ltd v Body Corporate for Delor
Vue Apartments [2018] QCAT
317
REAL PROPERTY – STRATA AND RELATED TITLES –
MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND
LIABILITIES – DUTY TO REPAIR AND MAINTAIN COMMON PROPERTY
– where parties entered into caretaking agreement –
where allegations that the applicant failed to comply with its
contractual obligations – where the body corporate purported
to terminate the caretaking agreement at an extraordinary general
meeting – requirement that the body corporate act
reasonably.
EQUITY – EQUITABLE REMEDIES – INJUNCTIONS –
INTERLOCUTORY INJUNCTIONS – RELEVANT CONSIDERATIONS –
BALANCE OF CONVENIENCE GENERALLY – where the balance of
convenience favours the granting of an interim order – where
damages are not an adequate remedy.
TLL Investment Pty Ltd v The Body Corporate for the
Grange [2018] QCAT
318
REAL PROPERTY – STRATA AND RELATED TITLES –
MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND
LIABILITIES – where body corporate wishing to terminate
caretaking service contractor contract – where body corporate
issued remedial action notices under s 129 of the Accommodation
Module – where remedial action notices also purportedly
issued under contract – whether notices issued were valid
– whether body corporate could rely on ground of misconduct
or gross negligence not included in remedial action notices –
whether body corporate entitled to terminate.
Scouller v Stockland Property Services Pty
Ltd [2018] QCAT
308
REAL PROPERTY – RETIREMENT VILLAGES – whether
electricity and water meter reading is a general service –
whether a charge is adequately disclosed in the Public Information
Document.
Legislation
Commonwealth
Acts
Airports Amendment Act 2018
26 September 2018 - Act No. 107 of 2018 as made
Amends the Airports Act 1996 to: implement a differential
master plan submission cycle for federal leased airports (excluding
Mount Isa and Tennant Creek); mandate the inclusion of an
Australian Noise Exposure Forecast in each new master plan;
increase the monetary trigger for major development plans
(MDPs) from $20 million to $35 million and enable
the minister to review and revise the monetary trigger every three
years; specify a 15 business day statutory timeframe within which
the minister must consider applications from airport-lessee
companies for reduced consultation periods for MDPs.
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.